Legal Opinion

In Re the Appeal in Maricopa County Juvenile Action No. JV-123196

Court of Appeals of Arizona

Decided May 28, 1992No. 1 CA-JV 91-051PublishedCited by 5 opinions

1Opinion of the Court

KLEINSCHMIDT, Judge.

The appellant, a juvenile, was adjudicated delinquent for committing an aggravated assault in violation of Ariz.Rev.Stat. Ann. (“A.R.S.”) § 13-1204(A)(8). He raises two issues on appeal: (1) whether the evidence was sufficient to prove that he was the assailant; and (2) whether the facts will support a finding that the assault was aggravated because it was committed upon one whose capacity to resist was substantially impaired. We hold that the identification evidence was sufficient but that the assault was not aggravated because, even if the victim was substantially…

2Cases cited7 opinions

  1. Neil v. BiggersSupreme Court of the United States · 1972
  2. State v. KorzepArizona Supreme Court · 1990
  3. State v. PenaCourt of Appeals of Arizona · 1983
  4. State v. RomanoskyArizona Supreme Court · 1989
  5. State v. WilliamsArizona Supreme Court · 1982

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re the Appeal in Maricopa County, Juvenile Action No. JV-506561Court of Appeals of Arizona · 1994
  2. In re Joel R.Court of Appeals of Arizona · 2001
  3. In Re David H.Court of Appeals of Arizona · 1998
  4. State v. DuarteCourt of Appeals of Arizona · 2018
  5. In Re the Appeal in Maricopa County, Juvenile Action No. JV-506561Court of Appeals of Arizona · 1994

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