State v. Cantua-Ramirez

OPINION

BIRDSALL, Judge.

On September 20, 1984, the appellant was convicted of intentionally or knowingly abusing a child under circumstances other than those likely to produce death or serious physical injury, a class 4 felony. A.R.S. § 13-3623(C)(1). The appellant was tried in absentia, the court having found that his failure to appear for trial was voluntary, and was sentenced to four years’ probation. The primary issue raised on appeal is whether the doctrine of transferred intent is applicable where the crime intended is of a lesser degree than the crime charged. We find the doctrine…