State v. Morn

NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE

STATE OF ARIZONA, Appellee,

v.

NICHOLAS ORAL MORN, Appellant.

No. 1 CA-CR 25-0047
FILED 11-14-2025

Appeal from the Superior Court in Mohave County
No. S8015CR202201151
The Honorable Derek C. Carlisle, Judge

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix
By Alice Jones
Counsel for Appellee

Harris & Winger, PC, Flagstaff
By Chad Joshua Winger
Counsel for Appellant
 STATE v. MORN
Decision of the Court

MEMORANDUM DECISION

Judge Cynthia J. Bailey delivered the decision of the Court, in which
Presiding Judge Jennifer M. Perkins and Vice Chief Judge David D.
Weinzweig joined.

B A I L E Y, Judge:

¶1 Nicholas Oral Morn appeals his conviction and sentence for
one count of misconduct involving weapons. Morn’s counsel has filed a
brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State
v. Leon, 104 Ariz. 297 (1969), stating counsel has searched the record on
appeal and “found no arguable question of law that is not frivolous.”
Counsel requests we review the record for fundamental error. See State v.
Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999) (stating that this court reviews
the entire record for reversible error). We allowed Morn to file a
supplemental brief in propria persona, but he did not do so. Finding no
reversible error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 On September 15, 2022, a witness reported a shooting near the
Dolan Springs area in Mohave County. Two Mohave County Sheriff’s
Office deputies arrived soon after. Minutes later, Morn and his wife walked
over to the officers.

¶3 Morn admitted firing a handgun, allegedly to scare off a
coyote. Morn directed one of the deputies to the gun which was stuffed
underneath a mattress in his trailer. Morn admitted he had a prior felony
conviction from Nevada but said he believed his right to carry a gun had
been restored.

¶4 After the deputies determined Morn’s rights had not been
restored, he was arrested.

¶5 Morn was charged with one count of misconduct involving
weapons, a class 4 felony. After a two-day jury trial, at which Morn did not
appear, Morn was found guilty as charged. The court sentenced Morn to a
slightly mitigated sentence of two years’ imprisonment and credited him
for thirty-five days’ presentence incarceration.

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 STATE v. MORN
Decision of the Court

¶6 We have appellate jurisdiction over Morn’s timely appeal
under Article 6, Section 9, of the Arizona Constitution and Arizona Revised
Statutes sections 12-120.21(A)(1), 13-4031, and 13-4033.

DISCUSSION

¶7 We have reviewed the entire record for reversible error and
find none. See Leon, 104 Ariz. at 300; Clark, 196 Ariz. at 537, ¶ 30. The
evidence presented at trial was substantial and supports the verdict, and
the sentence was within the statutory limits. Morn was represented by
counsel at all stages of the proceedings and was given the opportunity to
speak at sentencing. The proceedings were conducted in compliance with
Morn’s constitutional and statutory rights and the Arizona Rules of
Criminal Procedure.

¶8 Upon filing of this decision, Morn’s counsel shall inform him
of the status of his appeal and of his future options. Counsel has no further
obligations unless, upon review, counsel finds an issue that may be
appropriately submitted to the Arizona Supreme Court by petition for
review. See State v. Shattuck, 140 Ariz. 582, 584-85 (1984). Morn has thirty
days from the date of this decision to proceed, if he desires, with a pro per
motion for reconsideration or petition for review.

CONCLUSION

¶9 We affirm Morn’s conviction and sentence.

MATTHEW J. MARTIN • Clerk of the Court
FILED: JR

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