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STATE v. CHOATE

No. 2 CA-CR 4409-2.

151 Ariz. 57 (1986)

725 P.2d 764

The STATE of Arizona, Appellee, v. Douglas Dee CHOATE, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

August 19, 1986.

Attorney(s) appearing for the Case

Robert K. Corbin, The Atty. Gen. by William J. Schafer III and Diane M. Ramsey, Phoenix, for appellee.

Michael D. Tidwell, Apache Junction, for appellant.

OPINION

LIVERMORE, Presiding Judge.

Defendant was convicted of second degree murder and aggravated assault. Those convictions, and the sentence for aggravated assault, were affirmed by this court in a memorandum decision. However, the dangerous-nature sentence for second degree murder was vacated because that issue had not been submitted to the jury and the allegations of the charge did not implicitly require such a finding. The matter was remanded for resentencing...

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