STATE v. McPHAUL

No. 1 CA-CR 91-0270.

174 Ariz. 561 (1992)

851 P.2d 860

STATE of Arizona, Appellee, v. Olas McPHAUL, Appellant.

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

Review Denied June 2, 1993.


Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Div., and Colleen L. French, Asst. Atty. Gen., Phoenix, for appellee.

Neal W. Bassett, Phoenix, for appellant.


OPINION

KLEINSCHMIDT, Judge.

The defendant appeals from his conviction, following a jury trial, of attempted armed robbery, a dangerous offense with a prior conviction. After conviction, it was determined that the offense had been committed while the defendant was on parole. He was sentenced to life in prison. Because we find that the trial court erred by failing to give a lesser included instruction...

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