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STATE v. DIAZ

No. 2 CA-CR 2008-0051.

211 P.3d 1193 (2009)

The STATE of Arizona, Appellee, v. Angel Eleuterio DIAZ, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Opinion Denying Reconsideration and Motion to Supplement Record May 29, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani and Kathryn A. Damstra, Tucson, Attorneys for Appellee.

Robert J. Hirsh, Pima County Public Defender by David J. Euchner, Tucson, Attorneys for Appellant.

OPINION

BRAMMER, Judge.

¶ 1 After a mistrial due to a hung jury, appellant Angel Diaz was tried and convicted of first-degree burglary, attempted armed robbery, and aggravated assault. Diaz asserts the trial court abused its discretion during the first trial in denying his motion for judgment of acquittal on the aggravated assault charge of which he was found guilty at his second trial. He further contends only eleven jurors participated in the...

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