STATE v. LOPEZ

No. 2 CA-CR 90-0782.

173 Ariz. 552 (1992)

845 P.2d 478

STATE of Arizona, Appellee, v. Gerardo LOPEZ, Appellant.

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

Review Denied February 17, 1993.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie and Galen H. Wilkes, Phoenix, for appellee.

Lingeman & Bock by Richard C. Bock, Tucson, for appellant.


OPINION

LACAGNINA, Presiding Judge.

The primary issue in this appeal is whether a death occurred "in furtherance of" a felony under Arizona's felony murder statute when a police officer, in thwarting an attempted armed robbery, shot a co-felon, and the shooting occurred when two other co-felons claim they were under arrest. We find the felony murder statute was properly applied under the facts of this case and affirm the convictions and sentences imposed...

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