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STATE v. VOGEL

No. 1 CA-CR 02-0222.

85 P.3d 497 (2004)

207 Ariz. 280

STATE of Arizona, Appellee, v. Elizabeth Delariva VOGEL, Appellant.

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

March 4, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Spencer D. Heffel, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

HALL, Judge.

¶ 1 Elizabeth DeLariva Vogel (defendant) was convicted of manslaughter in the death of her husband. On appeal, she argues that the trial court erred when it instructed the jury that the use of physical force against another is not justified in response to verbal provocation alone in a case involving a defendant against whom the victim has committed domestic violence.

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