State v. Bustamonte

GORDON, Justice:

Antonio Bustamonte, hereinafter referred to as the defendant, petitions this Court to review the Court of Appeals decision in State v. Bustamonte, 122 Ariz. 162, 593 P.2d 912 (1978). Taking jurisdiction pursuant to 17A A.R.S., Rules of the Supreme Court, rule 47(b), the opinion of the Court of Appeals is vacated in part.

Defendant was charged with assault with a deadly weapon in violation, of A.R.S. § 13-249 A and B. At trial, the victim, Officer Ruiz, testified that he was an undercover narcotics agent and that the assault occurred after an unsuccessful attempt to purchase…