STATE v. WRIGHT

No. 1 CA-CR 88-549.

163 Ariz. 184 (1989)

786 P.2d 1035

STATE of Arizona, Appellee, v. Robert Daniel WRIGHT, Appellant.

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

Reconsideration Denied December 6, 1989.

Review Denied February 26, 1990.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by Jessica G. Funkhouser, Chief Counsel, Crim. Div., and Susanna C. Pineda, Asst. Atty. Gen., Phoenix, for appellee.

Kenneth D. Everett, Mohave County Public Defender by Michael J. Burke, Deputy Public Defender, Kingman, for appellant.


FIDEL, Judge.

Following a jury trial, defendant was convicted of aggravated assault, a dangerous offense, and sentenced to five years' imprisonment. We reverse because the trial court erroneously denied the defendant's request for a defense-of-a-third-person instruction.

We confine our recitation of the facts to those necessary to demonstrate the defendant's entitlement to the instruction that he sought. The defendant is entitled to such an instruction "whenever...

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