STATE v. DOAN

No. 2 CA-CR 87-0237.

158 Ariz. 336 (1988)

762 P.2d 623

The STATE of Arizona, Appellee, v. Arthur Murray DOAN, Jr., Appellant.

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

Review Denied October 25, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III and Greg A. McCarthy, Phoenix, for appellee.

Harold L. Higgins, Jr., Pima County Public Defender by Susan A. Kettlewell, Tucson, for appellant.


OPINION

FERNANDEZ, Judge.

In this child abuse case, we must determine whether the allegation of dangerousness was properly submitted to the jury. We conclude that it should not have been submitted and remand for resentencing. We find no other error.

The evidence was that on October 23, 1986, appellant hit his six-year-old step-daughter with a belt. She testified that the belt hit her on the face when she turned around while appellant was trying to...

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