STATE v. CRUZ

No. 1 CA-CR 96-0094.

938 P.2d 78 (1996)

189 Ariz. 29

STATE of Arizona, Appellee, v. Tommy Anthony CRUZ, Appellant.

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

Review Denied June 24, 1997.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section, and Galen H. Wilkes, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by James R. Rummage, Deputy Public Defender, Phoenix, for Appellant.


OPINION

TOCI, Judge.

Tommy Anthony Cruz ("defendant") appeals from the judgment and sentences imposed after a jury convicted him of second-degree murder and three counts of aggravated assault. He contends that the trial court erred by instructing the jury on the lesser-included offenses of homicide over his objection. He also challenges the propriety of the instruction on justification. We find no error by the trial court or in the instruction and affirm...

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