STATE v. SCHAFFER

No. 1 CA-CR 01-0453.

48 P.3d 1202 (2002)

202 Ariz. 592

STATE of Arizona, Appellant, v. David Rodney SCHAFFER, Appellee.

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

June 27, 2002.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Phoenix, Attorneys for Appellant.

Maricopa County Public Defender by Louise Stark, Deputy Public Defender, Phoenix, Attorneys for Appellee.


OPINION

NOYES, Presiding Judge.

¶ 1 The State appeals the dismissal of an aggravated assault charge against David Rodney Schaffer ("Defendant"). Because we conclude that a prosthetic device can be a "dangerous instrument" within the meaning of the aggravated assault statute, see Arizona Revised Statutes ("A.R.S.") section 13-1204(A)(2) (Supp.2001),1 we reverse the dismissal and remand for further proceedings.

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