State v. Patton

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

JAMES ROBERT PATTON, Appellant.

No. 1 CA-CR 24-0129
FILED 02-20-2025

Appeal from the Superior Court in Yavapai County
No. P1300CR202101227
The Honorable Krista M. Carman, Judge

AFFIRMED

COUNSEL

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

Michael J. Dew Attorney at Law, Phoenix
By Michael J. Dew
Counsel for Appellant
 STATE v. PATTON
Decision of the Court

MEMORANDUM DECISION

Judge Angela K. Paton delivered the decision of the Court, in which
Presiding Judge Cynthia J. Bailey and Judge Anni Hill Foster joined.

P A T O N, Judge:

¶1 James Patton appeals his convictions and sentences for
attempted second-degree murder, first-degree burglary, and aggravated
assault. Patton’s counsel has advised us that after a diligent search of the
record, counsel has found no arguable, non-frivolous questions of law and
asks us to conduct an Anders review of the record. See Anders v. California, 386 U.S. 738 (1967); State v. Leon, 104 Ariz. 297 (1969). Patton had an
opportunity to file a supplemental brief but did not. We have reviewed the
record and find no reversible error. We therefore affirm.

FACTS AND PROCEDURAL HISTORY

¶2 On August 23, 2021, Steve1 was asleep in his recreational
vehicle when someone stabbed him in the back of the neck. He attempted
to get out of bed and was stabbed again—twice in the same spot and
subsequently on both of his shoulders. He saw Patton holding a knife in
the doorway of the vehicle. Patton then stabbed Steve in the chest.

¶3 A grand jury indicted Patton on one count of attempted first-
degree murder, one count of first-degree burglary, and two counts of
aggravated assault. At trial, the jury heard testimony from Steve that
Patton stabbed him. The jury also heard evidence that Patton‘s DNA was
found on clothing stained with Steve’s blood.

¶4 The jury convicted Patton of attempted second-degree
murder, first-degree burglary, and two counts of aggravated assault. It also
found the State proved four aggravating factors as to all four offenses:
infliction or threatened infliction of serious bodily injury; use, threatened
use or possession of a deadly weapon or dangerous instrument during the
commission of the crime; the victim suffered physical and/or emotional
harm; and the defendant was convicted of a prior felony offense. Patton

1 We use a pseudonym to protect the victim’s identity. See Ariz. R. Sup. Ct.
111(i).

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 STATE v. PATTON
Decision of the Court

was present at his trial and sentencing hearing. The superior court imposed
concurrent sentences, the longest of which was 18 years, with 907 days of
presentence incarceration credit.2

DISCUSSION

¶5 We have 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 none. The record contains sufficient evidence to support
Patton’s convictions and sentences. The record reflects that Patton was
present and represented by counsel for all critical stages of the proceedings.
All proceedings were conducted in compliance with the Arizona Rules of
Criminal Procedure, and Patton’s sentences were within the statutory
guidelines.

CONCLUSION

¶6 We affirm Patton’s convictions and sentences. Upon the filing
of this decision, Patton’s counsel shall inform Patton of the status of the
appeal and his future options. 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). Patton 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.

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

2 At Patton’s sentencing hearing for this case, he also pled guilty to
misconduct involving weapons in a separate case number, CR 2021-01366,
and was sentenced to two-and-a-half years concurrent with the sentences
he received in this matter.

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