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STATE v. EMERSON

No. 1 CA-CR 91-0093.

171 Ariz. 569 (1992)

832 P.2d 222

STATE of Arizona, Appellee, v. Jack Scott EMERSON, Appellant.

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

May 21, 1992.

Attorney(s) appearing for the Case

Grant Woods, Atty. Gen. by Paul J. McMurdie, Chief Counsel, Crim. Appeals Section, and Jon G. Anderson, Asst. Atty. Gen., Phoenix, for appellee.

Law Offices of Wendy F. White by Wendy F. White, Flagstaff, for appellant.

OPINION

TAYLOR, Presiding Judge.

Jack Scott Emerson ("Emerson") appeals from the sentence imposed following his plea of guilty to one count of accomplice to armed robbery, a class 2 dangerous felony. The issue raised on appeal is whether there was a sufficient factual basis of "deadly weapon or dangerous instrument" to enhance the sentence for armed robbery. Because we find that a loaded pellet gun is a dangerous instrument and that there was a sufficient...

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