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STATE v. SPRANG

No. 2 CA-CR 2009-0172.

251 P.3d 389 (2011)

The STATE of Arizona, Appellee, v. Michelle D. SPRANG, Appellant.

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

February 14, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General by Kent E. Cattani and Alan L. Amann , Tucson, Attorneys for Appellee.

Isabel G. Garcia , Pima County Legal Defender by Scott A. Martin , Tucson, Attorneys for Appellant.

OPINION

HOWARD, Chief Judge.

¶ 1 Following a jury trial, appellant Michelle Sprang was convicted of second-degree murder and sentenced to a mitigated prison term of ten years. On appeal, Sprang argues the trial court erred by instructing the jury on the lesser-included offense of second-degree murder and by denying her motion for a new trial. For the reasons that follow, we vacate Sprang's conviction and sentence.

Factual and Procedural...

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