State v. Giron-Cortez

Summary

The court held that third-degree assault requires more than reckless use of a deadly weapon: the conduct must reflect an extreme lack of concern for the substantial risk of death, assessed in light of surrounding circumstances. Because defendant’s handling and accidental discharge of a loaded handgun did not materially increase the risk beyond that inherent in handling and displaying a loaded firearm, the evidence was legally insufficient to establish extreme indifference. The conviction for third-degree assault was therefore reduced to fourth-degree assault and remanded for resentencing.