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STATE v. FREENEY

No. 1 CA-CR 07-0448.

207 P.3d 688 (2008)

STATE of Arizona, Appellee, v. Mark Allen FREENEY, Appellant.

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

Review Granted June 1, 2009.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Captial Litigation Section, and Melissa A. Parham, Assistant Attorney General, Phoenix, Attorneys for Appellee.

Kessler Law Offices by Eric W. Kessler, Mesa, Attorney for Appellant.

OPINION

WINTHROP, Presiding Judge.

¶ 1 Mark Allen Freeney ("Appellant") appeals from his conviction and sentence for aggravated assault. He contends that his conviction should be vacated because the trial court violated his Sixth Amendment right to notice in allowing the State to amend the indictment before jury voir dire on the first day of trial, changing the theory of the underlying assault from "[i]ntentionally placing another person in reasonable...

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