 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Williams6/27/1991
EF--> (1989). In that case, our supreme court held that the operation of an automobile in a DUI case cannot also constitute the use of a dangerous instrument for purposes of sentence enhancement. Because appellant was charged with aggravated assault, not DUI, Orduno is inapplicable. The use of the automobile was not an essential element of the assault. We find no error in the enhancement here.
Appellant also argues that the further enhancement of the sentence for aggravated assault under A.R.S. § 13-604.01, the dangerous crimes against children statute, was erroneous because, he contends, the statute is limited to crimes when the defendant either intends to harm a child or has some reason to believe the victim is a child. We do not agree. The statute contains no such limitation. It provides as follows:
K. In this section:
1. 'Dangerous crime against children' means any of the following committed against a minor under fifteen years of age:
(b) Aggravated assault resulting in serious physical injury or committed by the use of a deadly weapon or dangerous instrument.
The statute clearly applies here.
Affirmed.
Judges Footnotes
Page 1 2 3 4 5 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|