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STATE v. McKEON

No. 1 CA-CR 00-0297.

38 P.3d 1236 (2002)

201 Ariz. 571

STATE of Arizona, Appellee, v. Gary Martin McKEON, Appellant.

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

January 24, 2002.

Attorney(s) appearing for the Case

Janet Napolitano, Attorney General By Paul J. McMurdie, Chief Counsel, Criminal Appeals Section and John L. Saccoman, Assistant Attorney General, Phoenix, Attorneys for Appellee.

James Haas, Maricopa County Public Defender, By James H. Kemper, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

FIDEL, Judge.

¶ 1 Appellant Gary Martin McKeon, convicted of two counts of first-degree murder and one count of first-degree burglary, claims on appeal that the trial court erred in instructing the jury that his asserted intoxication from the use of prescribed medication was "not a defense for any criminal act or requisite state of mind."

¶ 2 The trial court, in our opinion, improperly stated the law because involuntary intoxication...

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