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STATE v. MOYA

No. 1 CA-CR 5609.

140 Ariz. 508 (1984)

683 P.2d 307

The STATE of Arizona, Appellee, v. Manuel MOYA, Appellant.

Court of Appeals of Arizona, Division 1.

Decision Redesignated Opinion April 23, 1984.

Reconsideration Denied April 23, 1984.

Review Denied April 26, 1984.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Jack Roberts, Asst. Attys. Gen., Phoenix, for appellee.

Ross P. Lee, Maricopa County Public Defender by Michael G. Sullivan, Phoenix, for appellant.

OPINION

HATHAWAY, Judge.

Appellant was found guilty by a jury of aggravated assault, a class three dangerous felony, and was sentenced to the presumptive term of 7 1/2 years' imprisonment. Appellant contends he was denied a fair trial, arguing that the prosecutor commented upon his silence. He also contends the trial court erred in the forms of verdict given the jury. We affirm.

Appellant and the victim,...

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