State v. Fogarty

OPINION

KLEINSCHMIDT, Judge.

The defendant, William Fogarty, was convicted by a jury of the crimes of aggravated assault, a class 3 dangerous felony, and unlawful flight from a pursuing law enforcement vehicle, a class 5 felony. He was sentenced to concurrent terms of five years for the aggravated assault and one year for flight.

The defendant was charged with violating, Ariz.Rev.Stat.Ann. (“A.R.S.”) section 28-622.-01, which we will refer to as the “felony flight statute.” It provides in part: “Any driver of a motor vehicle who willfully flees or attempts to elude a pursuing official law…