State v. James

OPINION

THUMMA, Judge.

¶ 1 Lyndon Garwin James appeals his conviction and sentence to life in prison for “reasonable apprehension” aggravated assault. The issue on appeal is whether jury instructions setting forth an offense that does not exist under Arizona law — knowing or reckless “reasonable apprehension” aggravated assault — constitute fundamental, prejudicial error. Under the fact-intensive inquiry mandated by State v. Henderson, 210 Ariz. 561, 115 P.3d 601 (2005), James has shown fundamental error resulting in prejudice. Accordingly, the conviction and sentence are vacated and this…