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STATE v. FIIHR

No. 2 CA-CR 2008-0070.

211 P.3d 13 (2008)

The STATE of Arizona, Appellee, v. William John FIIHR, Appellant.

Court of Appeals of Arizona, Division 2, Department A.

December 22, 2008.

Attorney(s) appearing for the Case

Terry Goddard, Arizona Attorney General By Kent E. Cattani and Amy M. Thorson, Tucson, Attorneys for Appellee.

Isabel G. Garcia, Pima County Legal Defender By Robb P. Holmes, Tucson, Attorneys for Appellant.

OPINION

PELANDER, Chief Judge.

¶ 1 After a jury trial held in his absence, William John Fiihr was convicted of fleeing from a law enforcement vehicle in violation of A.R.S. § 28-622.01.1 He was sentenced to a partially mitigated prison term of 4.5 years. On appeal, Fiihr contends the trial court erred by failing sua sponte to instruct the jury on what he claims is a lesser-included offense—"[f]ailure to...

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