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STATE v. BROWN

No. 1 CA-CR 98-0622.

986 P.2d 239 (1999)

195 Ariz. 206

STATE of Arizona, Appellee, v. Gary Frederick BROWN, Appellant.

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

June 22, 1999.

Attorney(s) appearing for the Case

Janet A. Napolitano, Attorney General by Paul J. McMurdie, Chief Counsel Criminal Appeals Section and J.D. Nielsen, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Christopher V. Johns, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

LANKFORD, Judge.

¶ 1 Defendant Gary Frederick Brown appeals from his conviction for driving under the influence of intoxicating liquor on a suspended license ("aggravated DUI") in violation of former Arizona Revised Statutes Annotated ("A.R.S.") section 28-697(A) (Supp. 1997) (current version at A.R.S. section 28-1383 (Supp.1998)). Brown contends that the trial court both erred by not instructing the jury on the lesser-included offense of driving...

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