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STATE v. MORENO

2 CA-CR 2031.

128 Ariz. 33 (1980)

623 P.2d 822

The STATE of Arizona, Appellee, v. Danny Arvizu MORENO, Appellant.

Court of Appeals of Arizona, Division 2.

Rehearing Denied January 15, 1981.

Review Denied February 11, 1981.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III, and Jack Roberts, Asst. Attys. Gen., Phoenix, for appellee.

Robert Gary Benedict, Tucson, for appellant.

OPINION

RICHMOND, Judge.

Appellant was convicted of armed robbery and three counts of aggravated assault, felonies of a dangerous nature, with four prior felony convictions. On appeal he contends (1) it was fundamental error to instruct the jury that physical injury was not an essential element of aggravated assault when one count of the information alleged such injury; (2) improper argument by the prosecutor denied...

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