State v. Gordon

GORDON, Justice:

A jury found appellant Robert Allen Gordon guilty of assault with a deadly weapon. He appealed his conviction alleging that the state failed to prove an essential element of the crime. The Court of Appeals affirmed the judgment but vacated the sentence which had been imposed under the enhanced punishment provision of A.R.S. § 13-249(B). Pursuant to Rule 31.19, Rules of Criminal Procedure, 17 A.R.S., we accepted review of this case in order to harmonize this state’s case law concerning the crime of assault with a deadly weapon.

In the early morning hours of January 20, 1977, the…