State v. May

OPINION

BROOKS, Judge.

By indictment filed October 1, 1981, appellant Mickey Lynn May was charged with count I, aggravated assault, and count II, attempted aggravated assault. The victim in both counts was appellant’s wife, Carol May. He was acquitted on count I, aggravated assault, but was convicted of count II, attempted aggravated assault in violation of A.R.S. § 13-1203(A)(2) and 13-1204(A)(2). Thereafter, he was sentenced to the minimum term of four years imprisonment. 1 On appeal, he presents the following arguments:

I. That count II of the indictment should have been dismissed because…