State v. West

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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

STANLEY ROBERT WEST, Appellant.

No. 1 CA-CR 24-0611
FILED 02-06-2026

Appeal from the Superior Court in Maricopa County
No. CR1998-095842-001
The Honorable Justin Beresky, Judge

AFFIRMED IN PART, VACATED IN PART, AND REMANDED

COUNSEL

Arizona Attorney General’s Office, Phoenix
By Christine A. Davis
Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix
By Aaron J. Moskowitz
Counsel for Appellant
 STATE v. WEST
Decision of the Court

MEMORANDUM DECISION

Judge Kent E. Cattani delivered the decision of the Court, in which
Presiding Judge Samuel A. Thumma and Judge Andrew J. Becke joined.

C A T T A N I, Judge:

¶1 Stanley Robert West appeals his convictions and sentences for
four counts of aggravated driving under the influence (“DUI”) with a minor
present. We vacate the two convictions (Counts 2 and 5) based on driving
with a marijuana metabolite in the driver’s body. See A.R.S. § 28-1381(A)(3).
The Arizona Supreme Court’s has clarified that this statute applies only to
impairing metabolites, see State ex rel. Montgomery v. Harris (Shilgevorkyan),
234 Ariz. 343, 343, 347, ¶¶ 1, 24 (2014), and the only references apparent in
the record related to a non-impairing metabolite. Accordingly, we remand
for a new trial on these counts should the State opt to pursue them. We also
vacate the sentencing order’s recitation that West was convicted and
sentenced for possession of marijuana and drug paraphernalia, counts that
were dismissed with prejudice at the State’s request. We affirm in all other
respects.

FACTS AND PROCEDURAL BACKGROUND

¶2 In 1998, West was involved in a three-car collision while his
three- and four-year-old sons were in his car. Responding law enforcement
officers noted that West displayed signs of impairment including
bloodshot, watery eyes as well as eyelid and body tremors. A drug
recognition expert evaluated West as being impaired by marijuana, and
West admitted that he smoked marijuana an hour before the accident,
adding that he “should know better to drive with [his] kids in the car when
[he was] high.” Urinalysis showed the presence of marijuana metabolite
Carboxy-THC. Officers found a pipe with marijuana and a small wooden
box containing marijuana in West’s pocket.

¶3 The State charged West with four counts of aggravated DUI
with a minor in the vehicle (driving while impaired to the slightest degree
and driving with marijuana or its metabolite in the driver’s body, both

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charged as to each of West’s two minor sons who were present).1 See A.R.S.
§§ 28-1381(A)(1) (DUI for driving while impaired to the slightest degree),
(3) (DUI for driving with a drug or its metabolite), -1383(A)(3)(a)
(aggravated DUI for committing DUI with a minor under 15 years old in
the vehicle). West, who was not in custody, attended most of the August
1999 trial and testified on his own behalf, but he absconded before closing
arguments. The jury found him guilty as charged.

¶4 West remained at large for almost 25 years. After his arrest in
2024, the court suspended sentence and imposed four concurrent terms of
three years’ supervised probation. With authorization from the superior
court, West filed a delayed appeal.

¶5 West’s counsel designated multiple transcripts to be prepared
as part of the record on appeal, including several from proceedings in 1999.
Problems arose with preparation of transcripts for four pretrial hearings
and both days of trial. This court was unable to locate or contact several of
the court reporters involved. The Maricopa County Superior Court
reported that it had neither transcripts nor court reporter notes (electronic
or hard copy) for the 1999 proceedings and that no electronic recording was
available for hearings that old. Superior court personnel were able to
contact two of the five court reporters involved, who confirmed they did
not have notes for the hearings; of the other three court reporters, one had
died and the other two were unreachable.

¶6 This court stayed the appeal to permit an attempt to
reconstruct the record. See Ariz. R. Crim. P. 31.8(e)–(f). Despite diligent
efforts, defense counsel was unable to contact West to provide a narrative
statement or other information, and the parties were unable to glean
sufficient information from the trial attorneys’ files to reconstruct the
record. The superior court informed this court that the parties were unable
to craft a narrative or agreed statement in lieu of transcripts, see Ariz. R.
Crim. P. 31.8(e)–(f), and we proceeded with the appeal with the available
record.

1 The original charges also included one count of possession of
marijuana and one count of possession of drug paraphernalia. The court
later dismissed those counts with prejudice at the State’s request. To the
extent the sentencing order suggests West was guilty of those offenses and
sentenced him to prison for them, those recitations are incorrect and we
vacate them.

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DISCUSSION

I. Lack of Transcripts.

¶7 West argues that he is entitled to a new trial because, without
the transcripts, the record is not sufficiently complete to afford him the
meaningful appeal to which he is constitutionally entitled. The Arizona
Constitution provides criminal defendants “the right to appeal in all cases.”
Ariz. Const. art. 2, § 24. This necessarily includes a record that, even if not
perfect, is of “sufficient completeness” for the defendant to assign error and
the court to consider the errors assigned. State v. Schackart, 175 Ariz. 494,
499 (1993).

¶8 Not every lost or unavailable transcript, however, requires a
new trial. State v. Hart, 110 Ariz. 55, 57 (1973); State v. Masters, 108 Ariz. 189,
192 (1972); see also State v. Washington, 108 Ariz. 111, 112–13 (1972)
(affirming a represented defendant’s guilty-plea-based conviction despite
lack of transcript of the change of plea). The parties can, if possible, provide
a reasonable substitute by reconstructing the record via narrative statement
prepared by “best available means” (tested by opposing parties then settled
and approved by the court) or via an agreed statement. See Hart, 110 Ariz.
at 57; Masters, 108 Ariz. at 192; see also Ariz. R. Crim. P. 31.8(e)(2), (f)(1), (4).
Even when such a substitute is unavailable, the defendant must show “at
least a credible and unmet allegation of reversible error,” else “the
remaining record will suffice to support” the judgment. Masters, 108 Ariz.
at 192. But where “through no fault of the defendant the reporter’s
transcript is unavailable and the defendant has shown prima facie
fundamental error,” the proper remedy is a new trial. Id.

A. Fault.

¶9 The State asserts that West is not entitled to relief because by
unlawfully absconding for nearly 25 years and thereby delaying sentencing
and any appeal, West caused or contributed to the lack of transcripts.
Although the State characterizes “no fault” as a threshold requirement, it
offers no Arizona case law finding a defendant’s absence or delay alone
dispositive in this regard. See, e.g., State v. Sahagun-Llamas, 248 Ariz. 120,
126–28, ¶¶ 24–31 (App. 2020); Masters, 108 Ariz. at 191–92; see also Hart, 110
Ariz. at 56–57 (delayed appeal rather than absconder); In re Jorge D., 202
Ariz. 277, 282, ¶¶ 26–27 (App. 2002) (defects in transcript rather than delay);
State v. Demello, 1 CA-CR 14-0308, 2016 WL 314385, at *2, ¶ 10 (Ariz. App.
Jan. 26, 2016) (mem. decision) (observing that “absconding defendants may

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not be permitted to benefit from such voluntary, unlawful conduct” but
ultimately addressing his claim of error).

¶10 Even if we might reasonably assume that West’s long absence
made reconstructing the record more difficult, see Masters, 108 Ariz. at 192
(noting that attempting reconstruction after six years “would probably not
be of much aid”); Sahagun-Llamas, 248 Ariz. at 127, ¶ 27 (noting that
participants’ “comparatively fresh memories” closer in time to trial could
facilitate reconstruction), that does not mean West’s absence resulted in
unavailability of the transcripts themselves. The court, not the defendant,
is responsible for preserving the record, particularly where (as here) the
case had not yet ended. See Sahagun-Llamas, 248 Ariz. at 126, ¶ 25; see also
Ariz. Sup. Ct. Admin. Order 91-13, No. 2.b (retention schedule, in place at
the time of West’s trial and effective until 2006, requiring “permanent”
retention of court reporter notes in criminal cases, at least until a transcript
is prepared); Ariz. Code Jud. Admin § 3-402(D), Record Series # 40(a)
(current retention schedule requiring retention of the verbatim record in
non-capital criminal cases for “20 years from the date of sentencing or other
final order of the court, unless a transcript is prepared”). Even if a
prolonged absence might have increased the risk that portions of the record
could be lost (and the State has made no such fact-based showing here), see
State v. Verikokides, 925 P.2d 1255, 1257 (Utah 1996), without some indication
that the defendant was warned of this risk or in fact intended to corrupt the
record, see Sahagun-Llamas, 248 Ariz. at 126–28, ¶¶ 25, 27–29, we decline to
consider West’s absconder status alone to be dispositive.

B. Allegations of Reversible Error.

¶11 West asserts that the available record shows several “credible
and unmet allegation[s] of reversible error” that warrant a new trial. See
Masters, 108 Ariz. at 192.

¶12 First, West notes that the superior court denied his oral
motion for change of counsel during one of the pretrial hearings for which
no transcript is available. He asserts that a conflict is corroborated by
West’s and counsel’s statements at a later hearing for which a transcript was
prepared. But while the Sixth Amendment guarantees representation by
competent counsel, it does not guarantee counsel of choice. See State v.
Torres, 208 Ariz. 340, 342, ¶ 6 (2004). And the comments that West now
highlights show only generalized dissatisfaction with his attorney and not
the “irreconcilable conflict or a complete breakdown in communication”
necessary to suggest error. Id.

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¶13 Second, West notes that the trial minute entries do not recite
whether or when the jurors were sworn. See State v. Godfrey, 136 Ariz. 471,
473 (App. 1983) (characterizing the jurors’ oath as “an essential element of
the constitutional guarantee to a trial by an ‘impartial jury’” and suggesting
that trial to a never-sworn jury would warrant reversal); see also Ariz. R.
Crim. P. 18.6(b) (required oath or affirmation). But all six verdict forms—
on the form itself and reflected in the minute entry for the second day of
trial—expressly declare that the jury was sworn, disproving West’s
suggestion of error.

¶14 Third, West contests the sufficiency of the evidence to support
the convictions. Two counts were based on West driving while “impaired
to the slightest degree” due to any drug. See A.R.S. §§ 28-1381(A)(1),
-1383(A)(3)(a). West highlights that the trial exhibits do not show
impairment and that the trial transcripts are unavailable and thus offer no
evidence at all. But other parts of the record show evidence that could
establish impairment: testimony during the preliminary hearing reflected
that West showed signs of impairment like bloodshot, watery eyes along
with eyelid and body tremors just after the accident; that a drug recognition
expert assessed West and determined he was impaired by marijuana; and
that at the scene, West admitted to smoking marijuana an hour before the
accident and confessed he “should know better to drive with [his] kids in
the car when [he was] high.” This evidence from the preliminary hearing
might not have been admitted at trial. But its presence elsewhere in the
record coupled with the superior court’s denial of West’s motion for
judgment of acquittal and the jury’s guilty verdicts after proper instruction
on the elements of the offense undermine West’s allegation of error as to
the impaired-to-the-slightest-degree counts.

¶15 The two other counts were premised on West driving with
marijuana or its metabolite in his body. See A.R.S. §§ 28-1381(A)(3),
-1383(A)(3)(a); see also A.R.S. § 13-3401(4)(b); Shilgevorkyan, 234 Ariz. at 343,
¶ 1 n.1. As to these counts, West highlights that the only metabolite
referenced in the record was Carboxy-THC, a non-impairing marijuana
metabolite. And the Arizona Supreme Court has since clarified that the
term “metabolite” in this statute is limited to “metabolites that are capable
of causing impairment,” expressly excluding the non-impairing Carboxy-
THC. Shilgevorkyan, 234 Ariz. at 343, 347–48, ¶¶ 1, 24–25.

¶16 As to the metabolite-based counts, West has offered a
“credible and unmet allegation of reversible error.” See Masters, 108 Ariz.
at 192. Although we do not know the full scope of trial evidence with
certainty, Carboxy-THC was the only metabolite listed on the urinalysis

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results admitted at trial or mentioned during the preliminary hearing. The
jury instructions likewise referenced only “marijuana or its metabolite,”
without regard to whether the metabolite was impairing. And given the
understanding of the law at the time of trial in 1999, see State v. Hammonds, 192 Ariz. 528, 531, ¶¶ 8–11 (App. 1998) (denying an equal protection
challenge to a conviction based on a non-impairing metabolite), the parties
reasonably may not have understood reliance on Carboxy-THC to be
improper. But as defined in Shilgevorkyan, the presence of Carboxy-THC
does not establish guilt on the metabolite-based counts. 234 Ariz. at 347–
48, ¶ 25. West has thus met his burden under Masters, 108 Ariz. at 192, and
we vacate the metabolite-based convictions (Counts 2 and 5) and remand
for a new trial on these counts, should the State decide to pursue them.

¶17 Finally, West notes that he testified at trial and suggests that,
absent a transcript, this fact alone justifies a new trial. Although the
defendant’s testimony (and the defense case generally) may be relevant to
an allegation of insufficient evidence, see Sahagun-Llamas, 248 Ariz. at 125–
26, ¶¶ 21–23, the defendant still must make “at least a credible and unmet
allegation of reversible error” to warrant a new trial on this basis, see
Masters, 108 Ariz. at 192. West offers no such allegation tethered to his trial
testimony. And West was uniquely positioned to provide insight into this
facet of trial (and perhaps others), whether by narrative statement or
otherwise—but defense counsel concedes that he was unable to confer with
(or even find) West after filing the appeal. Accordingly, West has not
shown grounds for a new trial on this basis.

II. Eight-Person Jury.

¶18 West argues that his trial by an 8-person, rather than 12-
person, jury violated the Sixth Amendment. As he acknowledges, the
United States Supreme Court in Williams v. Florida, 399 U.S. 78, 102–03
(1970), held that the Sixth Amendment permits juries of less than 12
persons. West asserts, however, that the Court’s later decision in Ramos v.
Louisiana, 590 U.S. 83 (2020), which addressed jury unanimity and not jury
size, impliedly overruled Williams.

¶19 This court has rejected this argument on multiple occasions.
See State v. Armendaris, 259 Ariz. 454, 456–57, ¶¶ 13–20 (App. 2025); see also
id. at 456, ¶ 14 n.1 (listing four memorandum decisions rejecting this
argument); State v. Moreno, 2 CA-CR 2024-0016, 2025 WL 2732481, at *6–7,
¶¶ 29–32 (Ariz. App. Sept. 25, 2025) (mem. decision) (agreeing with
Armendaris that Ramos did not abrogate Williams as to constitutionality of
an 8-person jury).

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¶20 We remain bound by Williams, the Supreme Court precedent
that directly controls the issue. See Armendaris, 259 Ariz. at 457, ¶ 19 (citing
Agostini v. Felton, 521 U.S. 203, 207 (1997), and Khorrami v. Arizona, 598 U.S.
___, ___, 143 S. Ct. 22, 23 (2022) (Gorsuch, J., dissenting from denial of
certiorari) (lamenting that the Court declined to reconsider Williams)); see
also Ramos, 590 U.S. at 157–58 (Alito, J., dissenting) (noting that the Ramos
majority’s reasoning “will almost certainly prompt calls to overrule
Williams,” but not that Ramos had in fact overruled Williams). We are
likewise bound by the Arizona Supreme Court’s ruling in State v. Soliz, 223
Ariz. 116, 118, ¶¶ 6–7 (2009), which recognized Williams’s holding when
assessing Arizona’s laws on jury size. See Armendaris, 259 Ariz. at 457, ¶ 19;
see also Ariz. Const. art. 2, § 23 (requiring a 12-person jury “in criminal cases
in which a sentence of death or imprisonment for thirty years or more is
authorized by law”); A.R.S. § 21-102(B) (authorizing an 8-person jury in
“any other criminal case”). West has not shown error.

CONCLUSION

¶21 We vacate the two metabolite-based convictions (Counts 2
and 5) and remand for a new trial on these counts should the State decide
to pursue them. We likewise vacate the sentencing order’s language
indicating conviction and sentence for the now-dismissed-with-prejudice
possession of marijuana and paraphernalia counts. We affirm in all other
respects.

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

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