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STATE v. GARCIA

No. 1 CA-CR 10-0204.

258 P.3d 195 (2011)

STATE of Arizona, Appellee, v. Gustavo GARCIA, Appellant.

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

May 31, 2011.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General By Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Section and William S. Simon , Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas , Maricopa County Public Defender By Thomas Baird , Deputy Public Defender, Phoenix, Attorney for Appellant.

OPINION

BARKER, Judge.

¶ 1 In this opinion we construe Arizona Revised Statutes ("A.R.S.") section 13-1804(A)(1), (2), and (C) (Supp. 2010).1 Those statutes provide that theft by extortion is a class 2 felony when a deadly weapon or dangerous instrument is used but a class 4 felony when those items are not used. For the reasons below, we affirm as modified and remand for resentencing.

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