State v. Martinez

OPINION

GOULD, Judge. *

¶ 1 The State appeals the trial court’s dismissal of an indictment, which charged Leonel Martinez (“Martinez”) with aggravated assault, a class four felony. In an issue of first impression in this state, this court is asked to determine whether a prosthesis is a “body part” for purposes of Arizona’s aggravated assault statute, Arizona Revised Statutes (“A.R.S.”) section 13-1204(A)(3) (Supp. 2007). 1 We hold that a prosthesis is not a body organ or body part under the plain meaning of A.R.S. § 13-1204(A)(3). However, we also hold that damage or destruction of a prosthesis…