FLAGSTAFF, Ariz. (AP) — In a story Nov. 6 about an assault conviction that was overturned, The Associated Press reported erroneously that the defendant had a blood-alcohol content of .226% when testifying in an assault case, that the defendant was found guilty of aggravated assault and that the public defender filed a motion last Thursday asking for a retrial or the conviction to be dismissed. It was the victim whose blood-alcohol content measured .226%, the defendant was found guilty of simple assault, and a hearing on the motion was held last Thursday.

A corrected version of the story is below:

Drunken testimony leads to overturned conviction in Arizona

Judge dismisses the conviction against man found guilty of assault after prosecutors did not inform the court the victim was drunk during his testimony

FLAGSTAFF, Ariz. (AP) — A judge has dismissed the conviction against a man found guilty of assault after prosecutors did not inform the court that the victim was drunk during his testimony.

The Arizona Daily Sun reports a hearing was held last Thursday on a request from public defender Lindsay Smith for a retrial or for the conviction against her client, Luis Alvin, to be dismissed.

Bailiff Eli Navarro says he tested victim Nathan Jim's blood-alcohol content before Jim testified during the October trial, and it registered at .226%. Navarro says he informed prosecutors of the results.

Jim denied having consumed alcohol when questioned on the witness stand.

Smith says Jim's response impacted Alvin's right to a fair trial.

The Coconino County Attorney's Office said it had no issue with the final ruling.

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