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STATE v. ARBOLIDA

No. 1 CA-CR 02-0735.

78 P.3d 275 (2003)

206 Ariz. 306

STATE of Arizona, Appellee, v. Joseph ARBOLIDA, Appellant.

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

September 9, 2003.

Attorney(s) appearing for the Case

Terry Goddard, Attorney General By Randall M. Howe, Chief Counsel, Criminal Appeals Section, Phoenix, Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender By Terry J. Adams, Deputy Public Defender, Phoenix, Attorneys for Appellant.

Richard M. Romley, Maricopa County Attorney By Patricia A. Nigro, Deputy County Attorney, Phoenix, Amicus Curiae.

OPINION

WEISBERG, Presiding Judge.

¶ 1 Joseph Arbolida ("Defendant") appeals from his conviction for aggravated assault, a class 6 felony, and the prison term imposed. For reasons that follow, we reverse and remand for resentencing.

¶ 2 The State charged Defendant with aggravated assault after he pushed a police officer who had entered his home to investigate a reported fight. The jury found Defendant guilty, and the trial court found that...

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