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STATE v. JAMES

No. 1 CA-CR 09-0052.

297 P.3d 182 (2013)

STATE of Arizona, Appellee, v. Lyndon Garwin JAMES, Appellant.

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

March 21, 2013.

Attorney(s) appearing for the Case

Thomas C. Horne , Arizona Attorney General, by Kent E. Cattani , Chief Counsel, Criminal Appeals/Capital Litigation Division and Linley Wilson , Assistant Attorney General, Phoenix, Attorneys for Appellee.

Treasure VanDreumel , Phoenix, Attorney for Appellant.

OPINION

THUMMA, Judge.

¶ 1 Lyndon Garwin James appeals his conviction and sentence to life in prison for "reasonable apprehension" aggravated assault. The issue on appeal is whether jury instructions setting forth an offense that does not exist under Arizona law — knowing or reckless "reasonable apprehension" aggravated assault — constitute fundamental, prejudicial error. Under the fact-intensive inquiry mandated by State v. Henderson...

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