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STATE v. LeBLANC

No. CR-95-0217-PR.

186 Ariz. 437 (1996)

924 P.2d 441

STATE of Arizona, Appellee, v. Larry Francis LeBLANC, Appellant.

Supreme Court of Arizona, En Banc.

September 5, 1996.

Attorney(s) appearing for the Case

Grant Woods, Attorney General by Paul J. McMurdie, Chief Counsel, Criminal Appeals, R. Wayne Ford, Assistant Attorney General, Phoenix, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Paul J. Prato, Deputy Public Defender, Phoenix, for Appellant.

OPINION

ZLAKET, Vice Chief Justice.

Defendant was convicted of driving under the influence of intoxicants on a suspended or revoked license (aggravated DUI). See A.R.S. §§ 28-692(A)(1), -697(A)(1). At trial, the court gave the following jury instruction:

The crime of aggravated driving while under the influence of intoxicating liquor includes the less serious crime of driving on a suspended or revoked license. You may find the defendant...

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