State v. Luque

OPINION

SHELLEY, Retired Judge. **

Luis Perez Luque (“defendant”) appeals from his conviction for third-degree burglary and sentence. We reverse the judgment.

We view the facts in the light most favorable to sustaining the verdict. State v. Zmich, 160 Ariz. 108, 109, 770 P.2d 776, 777 (1989). The defendant was charged by information with one count of aggravated assault, a class 3 felony, and one count of third-degree burglary, a class 4 felony. The amended information alleged that the aggravated assault charge was a dangerous felony. The information was again amended to allege that the defendant…