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STATE v. HANEY

No. 1 CA-CR 08-0717.

219 P.3d 274 (2009)

STATE of Arizona, Appellee, v. Sherman Kenneth HANEY, Appellant.

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

October 29, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section and Joseph T. Maziarz, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender, Phoenix, Attorney for Appellant.

OPINION

SWANN, Judge.

¶ 1 Sherman Kenneth Haney ("Appellant") appeals his convictions of Aggravated Assault, a dangerous class three felony, and Misconduct Involving Weapons, a class four felony, asserting the trial court erred when it failed sua sponte to instruct the jury on the justification of the use of force in crime prevention under A.R.S. § 13-411. We hold that a person who is prohibited...

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