STATE v. TORRES

No. 1 CA-CR 10774.

156 Ariz. 150 (1988)

750 P.2d 908

STATE of Arizona, Appellee, v. Michael Scott TORRES, Appellant.

Court of Appeals of Arizona, Division 1, Department C.

January 19, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div., Georgia B. Ellexson, Asst. Atty. Gen., Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by Spencer D. Heffel, Deputy Public Defender, Phoenix, for appellant.


OPINION

KLEINSCHMIDT, Judge.

Appellant was indicted on three counts of aggravated assault in violation of A.R.S. § 13-1204(A)(2). A jury found him not guilty of Counts I and III but guilty of attempted aggravated assault on Count II. The issue on appeal is whether the trial court should have given the jury a lesser included offense instruction on assault, as opposed to aggravated assault.

After an altercation in the parking lot of a bar...

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