No. CR-95-0023-PR.

185 Ariz. 68 (1996)

912 P.2d 1297

STATE of Arizona, Appellee, v. Fred Woodrow ROSCOE, Appellant.

Supreme Court of Arizona, En Banc.

February 29, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, Linda L. Knowles, Assistant Attorney General, Phoenix, for Appellee.

Susan A. Kettlewell, Pima County Public Defender by Kristine Maish, Deputy County Public Defender, Tucson, for Appellant.

Opinion of the Court of Appeals, Division Two, 182 Ariz. 332, 897 P.2d 634 (App. 1994), VACATED.


MOELLER, Justice.


In consolidated cases arising from two separate arrests, a Pima County jury convicted Fred Roscoe (defendant) of two counts of aggravated assault on a peace officer, one

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