State v. Gutierrez

GORDON, Justice:

Appellant Gilbert Gutierrez was convicted of aggravated assault in violation of A.R.S. § 13-1204. Because appellant committed the assault with a knife, a deadly weapon or dangerous instrument under A.R.S. § 13-1204(A)(2), the crime was a class 3 felony. The jury also found that this was an A.R.S. § 13-604(G) dangerous nature assault in that serious physical injury was intentionally or knowingly inflicted on the victim.

Under A.R.S. §§ 13-604(G) and 13-701(BX2), the range of the possible sentence was five to fifteen years imprisonment. The trial court found an aggravating cir…