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STATE EX REL. ROMLEY v. HALL

No. CV-90-0503-PR.

169 Ariz. 512 (1991)

821 P.2d 173

STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. The Honorable Norman D. HALL, Jr., Judge of the Superior Court of Maricopa County, Respondent Judge, Joseph Frank MILLER, Real Party In Interest.

Supreme Court of Arizona, En Banc.

November 21, 1991.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Jessica Gifford Funkhouser, Phoenix, for petitioner.

Dean W. Trebesch, Maricopa County Public Defender by James J. Haas, Phoenix, for real party in interest.

OPINION AND ORDER

FELDMAN, Vice Chief Justice.

The court of appeals 169 Ariz. 512, 821 P.2d 174, held in this case that the state was entitled to allege that the charge of aggravated assault is a dangerous offense pursuant to A.R.S. § 13-604(G), even though the same conduct by the defendant — firing a gun — constituted both an element of aggravated assault and the dangerous...

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