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STATE v. ONTIVEROS

No. 1 CA-CR 02-0808.

81 P.3d 330 (2003)

206 Ariz. 539

STATE of Arizona, Appellee, v. Valentin Acosta ONTIVEROS, Appellant.

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

December 18, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Karla Hotis Delord, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By James R. Rummage, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

GEMMILL, Judge.

¶ 1 Valentin Acosta Ontiveros appeals his conviction for attempted second-degree murder. Because we find instructional error, we reverse and remand for further proceedings. A person may not be convicted of attempted second-degree murder unless it is proven that he intends or knows that his conduct will cause death.

FACTS AND PROCEDURAL BACKGROUND

¶ 2 For reasons we need not detail, Ontiveros confronted...

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