State v. Angle
Cited by
- State v. Williams Ariz. Ct. App. 2023
- State v. Dodd Ariz. Ct. App. 2016
- State v. Multari Ariz. Ct. App. 2015
- State v. Erivez 341 P.3d 514 Ariz. Ct. App. 2015
- State v. Pino Ariz. Ct. App. 2014
- State v. Estrada-Resendiz Ariz. Ct. App. 2014
- State v. Miranda 22 P.3d 506 Ariz. 2001
- State v. Miranda 10 P.3d 1213 Ariz. Ct. App. 2000
- State v. Cutright 2 P.3d 657 Ariz. Ct. App. 1999
- State v. Harrison 985 P.2d 513 Ariz. Ct. App. 1998
- State v. Foster 955 P.2d 993 Ariz. Ct. App. 1998
- State v. Kamai 911 P.2d 626 Ariz. Ct. App. 1995
Authorities cited
Identified automatically; this list may not be exhaustive.
- State v. Angle 720 P.2d 100
Opinion text
GORDON, Vice Chief Justice. The single issue for review in this case is whether disorderly conduct, A.R.S. § 13-2904(A)(6) constitutes a lesser included offense of aggravated assault, A.R.S. § 13-1204(A)(2). We have jurisdiction pursuant to Ariz. Const. art. 6 § 5(3) and Ariz.R. Crim.P. 31.19. Defendant, Harold Arthur Angle, was charged with three counts of aggravated assault while armed with a deadly weapon in violation of A.R.S. §§ 13-1203(A)(2), 13-1204(A)(2). The trial court gave jury instructions on aggravated assault and attempted aggravated assault. However, the trial court refused defendant’s requested instruction on disorderly conduct by reckless display of a firearm in violation of A.R.S. § 13-1204(A)(6). The jury convicted defendant of three counts of attempted aggravated assault and he was sentenced to concurrent presumptive terms of six years imprisonment. Defendant appealed his conviction and sentence and the court of appeals affirmed. State v. Angle, 149 Ariz. 499 , 720 P.2d 100 (1985). We adopt the dissenting opinion of Judge Kleinschmidt and vacate the majority opinion as to this issue. We agree with the result of the majority as to all other issues. Remanded for new trial. CAMERON and FELDMAN, JJ., concur.