State v. Schaffer

OPINION

NOYES, Presiding Judge.

¶ 1 The State appeals the dismissal of an aggravated assault charge against David Rodney Schaffer (“Defendant”). Because we conclude that a prosthetic device can be a “dangerous instrument” within the meaning of the aggravated assault statute, see Arizona Revised Statutes (“A.R.S.”) section 13-1204(A)(2) (Supp.2001), 1 we reverse the dismissal and remand for further proceedings.

FACTUAL AND PROCEDURAL BACKGROUND

¶2 A grand jury indicted Defendant on two counts of aggravated assault. Count One charged that Defendant, while “using a prosthetic arm, a deadly weapon or…