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STATE v. CAGLE

No. 1 CA-CR 10-0362.

266 P.3d 1070 (2011)

STATE of Arizona, Appellee, v. Devan Eugene CAGLE, Appellant.

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

November 3, 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 Barbara A. Bailey , Assistant Attorney General, Phoenix, Attorneys for Appellee.

James J. Haas , Maricopa County Public Defender, By Louise Stark , Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

BROWN, Judge.

¶ 1 Devan Eugene Cagle appeals from his conviction and sentence for resisting arrest. He argues the trial court erred when it failed to instruct the jury regarding the culpable mental state for one of the elements of the offense and that the prosecutor exacerbated the error during closing argument. For the following reasons, we affirm.

BACKGROUND

¶ 2 A police officer observed Cagle tailgating another vehicle...

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