State v. Gaynor-Fonte

OPINION

SNOW, Judge.

¶ 1 The State of Arizona appeals from a trial court order dismissing an information charging defendant, Andrew Joel Gaynor-Fonte, with one count of aggravated domestic violence, a class 5 felony.

¶2 The sole issue on appeal is whether, pursuant to Arizona Revised Statutes (“A.R.S.”) section 13-3601.02 (2001), the charge of aggravated domestic violence requires proof of two prior domestic violence convictions, or merely two prior domestic violence offenses whether or not they had been previously charged or proved. For reasons set forth below, we agree with the trial court…