State v. Rineer

OPINION

BIRDSALL, Judge.

Appellant stands convicted of aggravated assault as defined in A.R.S. §§ 13-1203 and 13-1204(A)(2). In this appeal he contends that the trial court erred in refusing to instruct the jury on the offenses of endangerment, A.R.S. § 13-1201, and threatening or intimidating, A.R.S. § 13-1202. He argues that those offenses are lesser included offenses of aggravated assault, and that the state of the evidence at trial made them necessarily included offenses. See State v. Dugan, 125 Ariz. 194, 608 P.2d 771 (1980).

Claims identical to these were rejected by Division One of this…