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STATE v. WINDUS

No. 1 CA-CR 03-0138.

86 P.3d 384 (2004)

207 Ariz. 328

STATE of Arizona, Appellee, v. Garrett M. WINDUS, Appellant.

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

March 23, 2004.

Attorney(s) appearing for the Case

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

Maricopa County Public Defender By Garrett W. Simpson, Deputy Public Defender, Phoenix, Attorneys for Appellant.

OPINION

IRVINE, Judge.

¶ 1 Garrett M. Windus appeals his convictions for aggravated assault and resisting arrest. He claims the convictions must be dismissed because it was only after the officers' illegal entry into his backyard that the crimes occurred. We hold that the crimes committed after the illegal entry were distinct offenses independent of the officers' illegal conduct because the officers did not exploit their unlawful entry to provoke new...

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