Ruling Denies Appeal Based On Miniature Bat Used In Assault

May 7, 2020

A court ruling says Arizona’s law making it a crime to commit aggravated assault is not unconstitutionally vague.


The claim was made by a man convicted of using a miniature souvenir baseball to hit a man.

The Arizona Court of Appeals upheld Gordon Francisco’s conviction for an unprovoked attack on another man in a Tempe park.

The attack left the man with a gash above one eye.

Francisco argued a “dangerous instrument” could mean numerous household items and made the law unconstitutionally vague by allowing discriminatory and arbitrary enforcement.

The appellate court said anything that could be used to cause death or serious physical injury can be considered a dangerous instrument under the law.