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STATE v. MITCHELL

No. 1 CA-CR 01-0447.

62 P.3d 616 (2003)

204 Ariz. 216

STATE of Arizona, Appellee, v. Jason Eshum MITCHELL, Appellant.

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

January 30, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Randall M. Howe, Chief Counsel, Criminal Appeals Section, and John L. Saccoman, Assistant Attorney General, Phoenix, for Appellee.

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

OPINION

GEMMILL, J.

¶ 1 May a suspect who has been handcuffed commit the crime of resisting arrest? After construing the phrase "effecting an arrest" in Arizona Revised Statutes ("A.R.S.") section 13-2508 (1999), we answer this question in the affirmative.

¶ 2 Jason Eshum Mitchell appeals his conviction and sentence for resisting arrest, arguing that the trial court erred in denying his motion for...

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