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State v. Armstrong4/4/1989
to locate the accused based upon all of the information that it possessed. Characteristic of cases of inadequate diligence is the state's failure to pursue significant leads.
For example, in Duron v. Fleischman, 156 Ariz. 189, 751 P.2d 39 (App.1988), defendant had provided the police with a post office box address. While residential service was thus unlikely, the state neglected to mail the summons to defendant's post office box. Nor did the state attempt to locate defendant through his counsel of record. In State v. Snow, 157 Ariz. 597, 760 P.2d 597 (App.1988), the state attempted residential service unsuccessfully, learned that defendant had moved, and made no further effort to serve him, though the defendant had given his employer 's name and address to the arresting officer and had notified the post office, the telephone company, and the motor vehicle division of his new address. In State v. Jones, 21 Ariz. Adv. Rep. 37, 38 (App. Nov. 17, 1988), the state unsuccessfully attempted service at defendant's residence on four occasions during regular working hours; the state failed, however, to attempt evening service or to seek the defendant at a day construction job known to the probation department. In each of these cases inadequate diligence was found; each was characterized
by the failure to pursue significant leads.
In this case, the state had the defendant's correct address and twice sent a process server to serve him. The process server allegedly left notes, but the state took no other steps thereafter. The state presented no evidence that it attempted to contact a neighbor or the motor vehicle division. Nor did the state attempt to phone the defendant or serve him by certified or registered mail. In this case, as in Snow, had the state attempted service by mail, the summons would have reached him. Snow, 157 Ariz. at 599, 760 P.2d at 599.
A reviewing court will not substitute its discretion for that of the trial court if there is any reasonable evidence to support its order. State v. Doolittle, 155 Ariz. 352, 746 P.2d 924 (App.1987). Given the evidence, we cannot find that the trial court abused its discretion in finding an absence of reasonable diligence or in ordering the charges dismissed with prejudice.
Affirmed.
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