 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Corona2/11/1997
EHRLICH, Judge,
In this consolidated proceeding, James Morgan Corona ("defendant") appeals his convictions for threatening and intimidating two people, class 4 felonies, and the subsequent revocation of his probation. We agree with the defendant that the trial court committed reversible error by denying his request for an instruction on threatening and intimidating as a class 1 misdemeanor. Accordingly, in 1 CA-CR 95-0701, we reverse his convictions and remand this case to the court for further proceedings. In 1 CA-CR 96-0250, we vacate the court's revocation of probation since it was based solely on the convictions reversed in 1 CA-CR 95-0701.
FACTUAL AND PROCEDURAL BACKGROUND
On October 30, 1994, the defendant confronted A.L., a female friend, outside her Phoenix home. He claimed that T.C., A.L.'s boyfriend, had just fired shots at the defendant's house and he demanded that A.L. tell him T.C.'s address. When A.L. refused, the defendant told her that, if she did not reveal the address, she would "take the blame" for T.C. The defendant also told A.L. that she had to choose sides and that, if she chose T.C.'s side, she would have to "watch her back." She told investigating Phoenix Police Detective Christopher Luebkin that the defendant specifically told her to choose between her loyalty to T.C. and "disrespecting ... Hollywood," his street gang.
A.L.'s aunt, B.L., went outside the house she and A.L. shared when she heard the defendant yelling and she overheard the defendant's threat to A.L. B.L. told the defendant to stop shouting, addressing him as "boy." According to A.L., the defendant responded: "I will show you what a boy could do" and left. Approximately one hour later, two gunshots were fired into the house.
When questioned about the incident, the defendant admitted that he talked to A.L. after T.C. fired shots at the defendant's house. According to Luebkin, the defendant told A.L. that he wanted to "retaliate" against T.C. but wanted to do so lawfully by involving the police. The defendant also told Luebkin that he had demanded only that A.L. "choose" between him, as her former boyfriend, and T.C. He denied threatening A.L. or B.L.
At trial, the defendant testified that he was scared because T.C. had shot at his house and that he had demanded that A.L. reveal T.C.'s address so that he could contact the police. The defendant admitted that he told A.L. to choose between him and T.C. However, he denied that he told A.L. that she was "disrespecting Hollywood," adding that the allegation that he threatened to involve the Hollywood gang in retaliation was implausible because B.L.'s family was a "main family in the Hollywood gang." A.L. no longer recalled whether the defendant invoked "Hollywood."
The jury found the defendant guilty of threatening and intimidating A.L. and B.L., class 4 felonies. The trial court placed the defendant on three years of probation. The defendant appealed. In February 1996, a petition to revoke the defendant's probation was filed. Following a violation hearing, the trial court revoked the defendant's probation and sentenced him to concurrent, presumptive terms of 2.5 years imprisonment. He appealed and we consolidated both of his appeals.
The defendant raises the following issues on appeal:
1. Whether the trial court erred in denying his request for an instruction on threatening and intimidating as a class 1 misdemeanor;
2. Whether the prosecutor committed misconduct in closing argument by commenting on the defendant's failure to call an expert witness on gangs;
3. Whether the court committed fundamental error by instructing the jury o
Page 1 2 3 4 5 6 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|