State v. Garcia

OPINION

GRANT, Judge.

Defendant was charged with one count of sexual assault, a class 2 felony, and one count of attempted sexual assault, a class 3 felony, both violations of A.R.S. § 13-1406. After a trial the jury found appellant guilty as charged on both counts. The trial judge sentenced the defendant to a mitigated term of 5.25 years for conviction on the first count and a mitigated term of 3.75 years for conviction on the second count. The sentences were to run concurrently.

This appeal raises the following issues:

1. Whether the trial court erred by refusing to give a jury instruction…