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STATE v. NEWFIELD

No. 2 CA-CR 88-0483.

161 Ariz. 470 (1989)

778 P.2d 1366

The STATE of Arizona, Appellee, v. Bret NEWFIELD, Appellant.

Court of Appeals of Arizona, Division 2, Department B.

Petition and Cross Petition for Review Denied September 19, 1989.

Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer, III and Diane M. Ramsey, Phoenix, for appellee.

Dean W. Trebesch, Maricopa County Public Defender by John W. Rood, III, Phoenix, for appellant.

OPINION

ROLL, Judge.

Bret Newfield appeals from his conviction of one count of arson of a structure. Because fundamental error occurred when the trial court failed to define the term "unlawfully" in the jury instructions, we reverse Newfield's conviction and remand this matter for a new trial.

FACTS

On December 6, 1987, when Newfield's girlfriend, Valerie, completed her work shift at the Palo Verde Nuclear Power Plant, Newfield met her in...

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