State v. Garcia

OPINION

GEMMILL, Judge.

¶ 1 The State of Arizona appeals the trial court’s designation of defendant Felipe A. Garcia’s conviction for disorderly conduct as a class 1 misdemeanor. The sole issue we consider in this appeal is whether the phrase “intentional or knowing,” as found in Arizona Revised Statutes (“A.R.S.”) section 13-702(G) (Supp. 2007), 1 applies only to “serious physical injury” or also to “the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument.” Because we determine that the phrase “intentional or knowing” applies only to the former, we vacate the…