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STATE v. PENA

No. 1 CA-CR 03-0305.

104 P.3d 873 (2005)

209 Ariz. 503

STATE of Arizona, Appellee, v. Isac Paul PENA, Appellant.

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

January 27, 2005.

Attorney(s) appearing for the Case

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

Dana P. Hlavac, Mohave County Public Defender By Jill L. Evans, Deputy Public Defender, Kingman, Attorneys for Appellant.

OPINION

LANKFORD, Judge.

¶ 1 Isac Paul Pena appeals from his conviction and sentence for aggravated assault. Defendant raises two issues on appeal. First, he asserts that his conviction for aggravated assault based on serious physical injury was unsupported by the evidence. Second, he argues that resentencing is required because the trial court improperly found aggravating circumstances. We affirm the conviction, vacate the sentence, and remand for...

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