STATE v. LOGAN

No. 1 CA-CR 99-1041.

17 P.3d 101 (2000)

199 Ariz. 246

STATE of Arizona, Appellee, v. Michael Philip LOGAN, Appellant.

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

December 26, 2000.


Attorney(s) appearing for the Case

Janet Napolitano, Attorney General, by Paul J. McMurdie, Chief Counsel, Phoenix, and Robert A. Walsh, Assistant Attorney General, Attorneys for Appellee.

The Wood Law Office, by Ronald D. Wood, Benjamin M. Brewer, Show Low, Attorneys for Appellant.


OPINION

LANKFORD, Presiding Judge.

¶ 1 Defendant Michael Phillip Logan ("Logan") appeals his conviction and sentence for one count of theft, a class two felony. A jury convicted Logan of stealing money from an elderly woman for whom he had performed paralegal services. Because the trial court failed to instruct the jury on a disputed element of the offense, we reverse and remand for a new trial.

¶ 2 The facts are as follows. A seventy-five...

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