State v. Garcia

OPINION

VOSS, Presiding Judge.

Defendant was convicted by a jury of aggravated assault, a dangerous felony; driving under the influence (DUI); and, driving with a blood-alcohol content (BAC) of .10% or above, class 1 misdemeanors. He was sentenced to the presumptive term of seven and one-half years imprisonment for aggravated assault and six months incarceration for each misdemeanor. All sentences were ordered to run concurrently. 1 On appeal, he claims that:(1) the state failed to present “relation-back” evidence in violation of Desmond v. Superior Court, 161 Ariz. 522, 779 P.2d 1261…