State v. Garcia

CAMERON, Chief Justice.

The defendant, Jose Manuel Garcia, appeals from a jury verdict and judgment of guilt to the crime of assault with a deadly weapon, A.R.S. § 13-249(B), and a sentence of not less than five years nor more than six years in the Arizona State Prison.

We have jurisdiction pursuant to Rule 47(e)(5), 17A A.R.S., Arizona Supreme Court Rules.

The defendant raises six issues on appeal. We feel, however, that we need consider only three:

1. Was it error to sentence the defendant under A.R.S. § 13-249(B) rather than A.R.S. § 13-249(A)?

2. Did the court properly instruct the jury on the…