State v. Hunt

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

EDMUND DWAINE HUNT, II, Appellant.

No. 1 CA-CR 23-0305
FILED 04-30-2024

Appeal from the Superior Court in Mohave County
No. S8015CR202201124
The Honorable Billy K. Sipe, Judge Pro Tempore

AFFIRMED

COUNSEL

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

Zachary Law Group, PLC, Mesa
By Jessica Zachary
Counsel for Appellant
 STATE v. HUNT
Decision of the Court

MEMORANDUM DECISION

Judge Angela K. Paton delivered the decision of the Court, in which
Presiding Judge Michael J. Brown and Judge Andrew M. Jacobs joined.

P A T O N, Judge:

¶1 Edmund Dwaine Hunt II appeals his conviction and sentence
for theft of means of transportation. Hunt’s counsel has advised us that in
accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), counsel has diligently searched the record and found
no arguable question of law that is not frivolous. Counsel asks this court to
conduct an Anders review of the record. Hunt was provided an opportunity
to file a pro se supplemental brief but did not do so. This court has
reviewed the briefs and the record and found no reversible error. We
therefore affirm Hunt’s conviction and sentence.

FACTS AND PROCEDURAL HISTORY

¶2 Deputy Bridgman was patrolling a neighborhood on July 3,
2022, when John1 flagged him down. John reported that someone had
stolen his motor scooter from his front porch. Deputy Bridgman submitted
a police report and documented the scooter as stolen.

¶3 A couple of months later, Sergeant Matthews saw someone
driving a scooter without a license plate. The sergeant stopped the driver,
who identified himself as Hunt. Hunt was unable to provide any
paperwork for the scooter; he claimed he purchased it for $200 from a friend
he did not identify. Sergeant Matthews ran the scooter’s vehicle
identification number, which indicated it was stolen.

¶4 Sergeant Matthews summoned John to the scene. John
noticed that the scooter’s license plate was missing and the ignition had
been rewired, presumably to “kickstart” the scooter without a key. John
identified the scooter as his and Sergeant Matthews arrested Hunt.

¶5 A grand jury indicted Hunt for theft of means of
transportation. He was released on bond. Hunt was initially present on the

1 We use a pseudonym to protect the victim’s identity.

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Decision of the Court

first day of the two-day trial but left before jury selection began and did not
return. Three witnesses testified at the trial: John, Deputy Bridgman, and
Sergeant Matthews. Before dismissing the jury for deliberations, the
superior court instructed the jury not to consider or speculate about Hunt’s
absence. The jury found Hunt guilty of theft of means of transportation.
Hunt was subsequently arrested pursuant to a bench warrant two days
later.

¶6 Hunt was present at his sentencing hearing in July 2023. The
court found Hunt had two historical prior felony convictions, which it
considered an aggravating circumstance. The court suspected Hunt’s drug
use affected his decision-making and thus considered it a mitigating
circumstance. It also found that support from Hunt’s family was a
mitigating circumstance. After balancing these factors, the court sentenced
Hunt to the presumptive term of 11.25 years and awarded him 132 days of
presentence incarceration credit.

DISCUSSION

¶7 We have reviewed and considered counsel’s brief and
reviewed the entire record for reversible error. See State v. Clark, 196 Ariz.
530, 537, ¶ 30 (App. 1999). We find no reversible error.

¶8 The record contains sufficient evidence to support Hunt’s
conviction and sentence. Counsel represented Hunt at all critical stages.
Hunt was either present at all critical stages or voluntarily waived his right
to be present. See State v. Bohn, 116 Ariz. 500, 503 (1977); see also Ariz. R.
Crim. P. 9.1 (“The court may infer that a defendant’s absence is voluntary
if the defendant had actual notice of the date and time of the proceeding,
notice of the right to be present, and notice that the proceeding would go
forward in the defendant’s absence.”). A defendant bears the burden of
proving his absence was involuntary. State v. Reed, 196 Ariz. 37, 39, ¶ 3
(App. 1999). All proceedings complied with the Arizona Rules of Criminal
Procedure, and Hunt’s sentence is within the permissible statutory range.
We find no reversible error.

CONCLUSION

¶9 We affirm Hunt’s conviction and sentence. Upon the filing of
this decision, defense counsel is directed to inform Hunt of the status of his
appeal and his future options. Defense counsel has no further obligations
unless, upon review, counsel finds an issue appropriate for submission to
the Arizona Supreme Court by petition for review. See State v. Shattuck, 140
Ariz. 582, 584–85 (1984). Hunt shall have thirty days from the date of this

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decision to proceed, if he desires, with a pro se motion for reconsideration
or petition for review.

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

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