STATE v. NORIEGA

No. 1 CA-CR 94-0474.

187 Ariz. 282 (1996)

928 P.2d 706

STATE of Arizona, Appellee, v. Pedro NORIEGA, Jr., Appellant.

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

Review Granted December 17, 1996.


Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals Section, and Consuelo M. Ohanesian, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Garrett W. Simpson, Deputy Public Defender, Phoenix, for Appellant.


OPINION

SULT, Judge.

Pedro Noriega, Jr. ("defendant") appeals his convictions and sentences, contending that the trial court erred by refusing to give his requested jury instruction concerning mere presence. Because we conclude that the instruction should have been given, we reverse the judgments of conviction and remand for a new trial.

PROCEDURAL HISTORY

Defendant was charged by indictment with four counts of threatening...

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