State ex rel. Romley v. Hall

OPINION AND ORDER

FELDMAN, Vice Chief Justice.

The court of appeals 169 Ariz. 512, 821 P.2d 174, held in this case that the state was entitled to allege that the charge of aggravated assault is a dangerous offense pursuant to A.R.S. § 13-604(G), even though the same conduct by the defendant — firing a gun — constituted both an element of aggravated assault and the dangerous nature of the aggravated assault.

We granted review of this case and two others,1 each presenting the same issue, to examine the propriety of such procedure. We are now informed that the state has agreed in this case to…