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STATE v. GAYNOR-FONTE

No. 1 CA-CR 04-0755.

123 P.3d 1153 (2005)

211 Ariz. 516

STATE of Arizona, Appellant, v. Andrew Joel GAYNOR-FONTE, Appellee.

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

December 6, 2005.

Attorney(s) appearing for the Case

Matthew J. Smith, Mohave County Attorney by Gregory A. McPhillips, Deputy County Attorney, Kingman, Attorneys for Appellant.

Dana P. Hlavac, Mohave County Public Defender by Jill L. Evans, Deputy Public Defender Attorneys for Appellee.

OPINION

SNOW, Judge.

¶ 1 The State of Arizona appeals from a trial court order dismissing an information charging defendant, Andrew Joel Gaynor-Fonte, with one count of aggravated domestic violence, a class 5 felony.

¶ 2 The sole issue on appeal is whether, pursuant to Arizona Revised Statutes ("A.R.S.") section 13-3601.02 (2001), the charge of aggravated domestic violence requires proof of two prior domestic violence convictions,

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