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State v. Angle

Supreme Court of Arizona
May 19, 1986
149 Ariz. 478 (Ariz. 1986)

Summary

adopting dissenting court of appeals judge's opinion that disorderly conduct by the reckless display of a firearm is a lesser-included offense of aggravated assault

Summary of this case from State v. Lubic

Opinion

Nos. CR-86-0039-PR, 1 CA-CR 8506.

May 19, 1986.

Appeal from the Superior Court, Yavapai County, Cause No. CR-10877, James Hancock, P.J.

Robert K. Corbin, Atty. Gen., William J. Schafer, III, Chief Counsel, Crim. Div., Barbara M. Jarrett, Asst. Atty. Gen., Phoenix, for appellee.

Chester R. Lockwood, Jr., Prescott, for appellant.


The single issue for review in this case is whether disorderly conduct, A.R.S. § 13-2904(A)(6) constitutes a lesser included offense of aggravated assault, A.R.S. § 13-1204(A)(2). We have jurisdiction pursuant to Ariz. Const. art. 6 § 5( 3) and Ariz.R. Crim.P. 31.19.

Defendant, Harold Arthur Angle, was charged with three counts of aggravated assault while armed with a deadly weapon in violation of A.R.S. §§ 13-1203(A)(2), 13-1204(A)(2). The trial court gave jury instructions on aggravated assault and attempted aggravated assault. However, the trial court refused defendant's requested instruction on disorderly conduct by reckless display of a firearm in violation of A.R.S. § 13-1204(A)(6). The jury convicted defendant of three counts of attempted aggravated assault and he was sentenced to concurrent presumptive terms of six years imprisonment.

Defendant appealed his conviction and sentence and the court of appeals affirmed. State v. Angle, 149 Ariz. 499, 720 P.2d 100 (1985). We adopt the dissenting opinion of Judge Kleinschmidt and vacate the majority opinion as to this issue. We agree with the result of the majority as to all other issues.

Remanded for new trial.

CAMERON and FELDMAN, JJ., concur.


Since the ruling of the trial court and the opinion of the majority of the Court of Appeals appears to me to be correct, I would affirm the judgment of the superior court. Therefore, I dissent from the position of the majority.


I concur in Chief Justice Holohan's dissent.


Summaries of

State v. Angle

Supreme Court of Arizona
May 19, 1986
149 Ariz. 478 (Ariz. 1986)

adopting dissenting court of appeals judge's opinion that disorderly conduct by the reckless display of a firearm is a lesser-included offense of aggravated assault

Summary of this case from State v. Lubic

adopting dissenting opinion in State v. Angle, 149 Ariz. 499, 720 P.2d 100 (App. 1985), holding that A.R.S. § 13-2904 was a lesser-included offense of reasonable apprehension aggravated assault under the facts of that case

Summary of this case from State v. Estrada-Resendiz

adopting dissenting opinion in State v. Angle, 149 Ariz. 499, 508, 720 P.2d 100, 109 (App. 1985), that disorderly conduct under § 13- 2904 is a lesser-included offense of aggravated assault under § 13-1204

Summary of this case from State v. Connely

adopting the dissent of Judge Kleinschmidt in 149 Ariz. 499, 507, 720 P.2d 100, 108 (App. 1985)

Summary of this case from State v. Miranda

adopting the dissent of Judge Kleinschmidt in 149 Ariz. 499, 720 P.2d 100 (App. 1985)

Summary of this case from State v. Lara

In Angle, there was a dispute as to whether the police were in reasonable apprehension of imminent bodily injury. The jury could have found otherwise and thus the lesser included offense instruction was justified by the evidence.

Summary of this case from State v. Lara

In Angle, the defendant and his wife became involved in a domestic quarrel shortly after he was released from the hospital following a motorcycle accident.

Summary of this case from State v. Lara
Case details for

State v. Angle

Case Details

Full title:STATE of Arizona, Appellee, v. Harold Arthur ANGLE, Appellant

Court:Supreme Court of Arizona

Date published: May 19, 1986

Citations

149 Ariz. 478 (Ariz. 1986)
720 P.2d 79

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