In Re Jeremiah T.
Court of Appeals of Arizona
1Opinion of the Court
OPINION
PELANDER, Chief Judge.
¶ 1 After a contested hearing, the minor, Jeremiah T., born October 10, 1990, was found responsible for assault pursuant to A.R.S. § 13-1203(A)(3), a class three misdemeanor. See § 13-1203(B). He was adjudicated delinquent and placed on six months’ probation. On appeal, he contends the juvenile court erred as a matter of law in ruling that assault under § 13-1203(A)(3) is a lesser-included offense of assault under § 13-1203(A)(1), the offense charged in the delinquency petition. We agree and therefore vacate the adjudication.
¶ 2 The charges against Jeremiah (also…
2Cases cited13 opinions
- State v. CelayaArizona Supreme Court · 1983
- Jim R. Hunter v. State of New Mexico Attorney General of the State of New Mexico Robert J. Tansey, Warden, New Mexico State PenitentiaryCourt of Appeals for the Tenth Circuit · 1990
- State v. EastlackArizona Supreme Court · 1994
- State v. Chabolla-HinojosaCourt of Appeals of Arizona · 1998
- Matter of Juvenile Action No. JS-8490Arizona Supreme Court · 1994
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3Cited by14 opinions
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