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STATE v. PENA

No. CR-13-0377-PR.

331 P.3d 412 (2014)

STATE of Arizona, Appellee, v. Armando PENA, Jr., Appellant.

Supreme Court of Arizona.

August 11, 2014.

Attorney(s) appearing for the Case

Thomas C. Horne, Arizona Attorney General, Robert L. Ellman, Solicitor General, Joseph T. Maziarz, Section Chief Counsel, Nicholas Klingerman (argued), Assistant Attorney General, Capital Litigation Section, Tucson, for State of Arizona.

Lori J. Lefferts, Pima County Public Defender, Abigail Jensen (argued), Assistant Public Defender, Tucson, for Armando Pena, Jr.

Justice BRUTINEL authored the opinion of the Court, in which Chief Justice BALES, Vice Chief Justice PELANDER, Justice BERCH, and Justice TIMMER joined.

Justice BRUTINEL, opinion of the Court.

¶ 1 An assault is aggravated under A.R.S. § 13-1204(A)(3) if it is committed "by any means of force that causes temporary but substantial disfigurement ... of any body part." Interpreting the phrase "temporary but substantial disfigurement" for the first time, we hold that substantial evidence supports the jury's determination that Armando Pena, Jr. committed aggravated assault based on the injuries he inflicted to...

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