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STATE v. GARFIELD

No. 2 CA-CR 2002-0037.

92 P.3d 905 (2004)

208 Ariz. 275

The STATE of Arizona, Appellee, v. Michael Edward GARFIELD, Appellant.

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

June 30, 2004.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General, By Randall M. Howe and Kathryn A. Damstra, Tucson, for Appellee.

Wanda K. Day, Tucson, for Appellant.

OPINION

BRAMMER, Presiding Judge.

¶ 1 After a jury trial, appellant Michael Edward Garfield was convicted of aggravated assault with a deadly weapon. On appeal, he argues that there was insufficient evidence to support his conviction and that the trial court erred in refusing to give one of his proposed jury instructions. Because we agree with his latter argument, we reverse his conviction and remand the case for a new trial.

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