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STATE v. NELSON

No. 1 CA-CR 05-0951.

150 P.3d 769 (2007)

STATE of Arizona, Appellee, v. Erik Andrew NELSON, Appellant.

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

January 9, 2007.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section and Nicholas D. Acedo, 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

JOHNSEN, Judge.

¶ 1 Erik Andrew Nelson appeals his conviction and sentence for negligent homicide. Nelson argues that the trial court erred in instructing the jury on accomplice liability with respect to negligent homicide because the culpable mental state for an offense based on negligence is inconsistent with that required for accomplice liability. In State v. Garnica, 209 Ariz. 96, 99 n. 4, ¶...

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