State v. Arriaga

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

CHRISTOPHER JESUS ARRIAGA, Appellant.

No. 1 CA-CR 19-0152
FILED 4-7-2020

Appeal from the Superior Court in Maricopa County
No. CR2017-151246-001
The Honorable Marvin L. Davis, Judge Pro Tempore

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix
By Scott L. Boncoskey
Counsel for Appellant

STATE v. ARRIAGA
Decision of the Court

MEMORANDUM DECISION

Judge David B. Gass delivered the decision of the Court, in which
Presiding Judge Randall M. Howe and Judge David D. Weinzweig joined.

G A S S, Judge:

¶1 Christopher Arriaga (Arriaga) appeals his convictions and
sentences for one count of aggravated assault and one count of resisting
arrest. After searching the entire record, Arriaga’s counsel identified no
arguable, non-frivolous question of law. Arriaga’s counsel, therefore,
asked this court to search the record for fundamental error in accordance
with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz.
297 (1969). After reviewing the entire record, this court finds no error.
Accordingly, this court affirms Arriaga’s convictions and sentences.

FACTUAL AND PROCEDURAL HISTORY

¶2 In September 2016, Arriaga was in a park near his high
school where a fight was supposed to happen. Veronica Castro (Castro),
an eyewitness who testified at trial, was waiting for her daughter at the
same park when she saw the fight break out. Castro called 911, and soon
afterward Detective Skinner (Skinner) arrived at the park.

¶3 Arriaga, Castro, and Skinner all testified to slightly different
versions of what occurred once Skinner arrived at the park. All three,
however, stated Arriaga and Skinner got into an altercation, ending with
them rolling around on the ground as Arriaga struggled to break free
from Skinner. While this was happening, Skinner yelled at Arriaga to
“stop resisting.” Shortly after the altercation began, more police officers
arrived and helped Skinner handcuff Arriaga.

¶4 On January 19, 2018, the State indicted Arriaga on two
counts: (1) aggravated assault, a class 5 felony, and (2) resisting arrest, a
class 6 felony. In October 2018, Arriaga participated in a settlement
conference during which the state offered him a diversion plea deal.
Arriaga rejected this offer and elected to go to trial.

¶5 At the end of the state’s case, the superior court denied
Arriaga’s motion for a directed verdict on both counts. The superior court

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STATE v. ARRIAGA
Decision of the Court

also denied Arriaga’s requested jury instruction on simple assault under
A.R.S. § 13-1203(A)(3) because it would be too confusing for the jury.

¶6 The jury found Arriaga guilty on both counts. At sentencing,
the superior court found Arriaga had no criminal history prior to these
offenses, and no aggravating or mitigating factors. The superior court
suspended the imposition of sentence on both counts and placed Arriaga
on two years’ supervised probation. Arriaga was ordered to pay a $35
monthly probation service fee, a one-time $2 Victim Rights Enforcement
assessment on each count, and a one-time $20 Probation assessment on
each count. Count 2 was left as an undesignated felony.

¶7 Arriaga timely appealed. This court has jurisdiction under
A.R.S. §§ 12-120.21(A)(1), 13-4031, and 13-4033(A)(1).

ANALYSIS

¶8 This court conducted a thorough review of the record, which
failed to demonstrate any fundamental error. See Leon, 104 Ariz. at 300.

¶9 A person is guilty of aggravated assault if “the person
commits the assault knowing or having reason to know that the victim is
. . . [a] peace officer.” A.R.S. § 13-1204(A)(8)(a). A person is guilty of
resisting arrest “by intentionally preventing or attempting to prevent a
person reasonably known to him to be a peace officer, acting under color
of such peace officer’s official authority, from effecting an arrest by . . .
[u]sing or threatening to use physical force against the peace officer.”
A.R.S. § 13-2508(A)(1). The record contains sufficient evidence for a
reasonable juror to find Arriaga guilty of the charged offenses beyond a
reasonable doubt.

¶10 All the proceedings were conducted in compliance with the
Arizona Rules of Criminal Procedure. The record shows Arriaga was
present for and represented by counsel at all critical stages of the
proceedings. See State v. Bohn, 116 Ariz. 500, 503 (1977); State v. Conner, 163
Ariz. 97, 104 (1990). The jury was properly comprised of eight jurors and
two alternates. See A.R.S. § 21-102(B). The record shows no evidence of
jury misconduct. The superior court properly instructed the jury on the
elements of the charged offenses, the State’s burden of proof, and
Arriaga’s presumed innocence. Additionally, Arriaga was given an
opportunity to speak at sentencing, and the superior court acted within its
discretion to suspend the imposition of sentence and place Arriaga on
probation. See Ariz. R. Crim. P. 26.9, 26.10(b)(1); A.R.S. §§ 13-702(D), 13-
901.

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STATE v. ARRIAGA
Decision of the Court

CONCLUSION

¶11 Arriaga’s convictions and sentences are affirmed.

¶12 Defense counsel’s obligations pertaining to Arriaga’s
representation in this appeal have ended. Defense counsel need do no
more than inform Arriaga of the outcome of this appeal and his future
options, unless, upon review, counsel finds an issue appropriate for
submission to our supreme court by petition for review. See State v.
Shattuck, 140 Ariz. 582, 584-85 (1984).

¶13 Arriaga has thirty days from the date of this decision to
proceed, if he wishes, with an in propia persona petition for review. See
Ariz. R. Crim. P. 31.21. This court, on its own motion, also grants Arriaga
thirty days from the date of this decision to file an in propia persona motion
for reconsideration. See Ariz. R. Crim. P. 31.20.

AMY M. WOOD • Clerk of the Court
FILED: AA

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