State v. Wright

FIDEL, Judge.

Following a jury trial, defendant was convicted of aggravated assault, a dangerous offense, and sentenced to five years’ imprisonment. We reverse because the trial court erroneously denied the defendant’s request for a defense-of-a-third-person instruction.

We confine our recitation of the facts to those necessary to demonstrate the defendant’s entitlement to the instruction that he sought. The defendant is entitled to such an instruction “whenever there is the slightest evidence of justification for the defensive act.” State v. Plew, 150 Ariz. 75, 77, 722 P.2d 243, 245 (1986).

Defe…