Court of Appeals of Arizona, Second Division, Department B
Not for Publication Rule 111, Rules of the Supreme Court
APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR20103894001 Honorable Paul E. Tang, Judge
Thomas C. Horne, Arizona Attorney General By Joseph T. Maziarz and Jonathan Bass Tucson Attorneys for Appellee
Isabel G. Garcia, Pima County Legal Defender By Robb P. Holmes Tucson Attorneys for Appellant
VIRGINIA C. KELLY, Judge
¶1 Larry Coronado appeals from his convictions and sentences for one count each of first-degree murder, conspiracy to commit first-degree murder, and first-degree burglary. He argues the trial court erred in denying his motion for a judgment of acquittal on the burglary count, and the state presented insufficient evidence to sustain his first-degree murder and conspiracy convictions. He also contends the court erred in refusing to give a requested jury instruction. We affirm.
¶2 "We view the facts in the light most favorable to sustaining the convictions." State v. Robles, 213 Ariz. 268, ¶ 2, 141 P.3d 748, 750 (App. 2006). In March 2010 Coronado began dating fifteen-year-old Clarissa S. In September, Clarissa's father, A.S., told Coronado he could remain friends with Clarissa but was no longer allowed to date her. Coronado and Clarissa maintained contact and Clarissa expressed to Coronado her hatred of A.S. The two discussed possible ways to kill him.
¶3 Late one night in October, Coronado took a baseball bat to Clarissa's house and spoke with her through her bedroom window. Clarissa told Coronado to "just do it, just make [A.S.] disappear, I want him gone." Coronado waited until Clarissa's sister had fallen asleep and then entered the home through the back door, which Clarissa had unlocked for him. Coronado, who had carried the bat into the house, stood by A.S.'s open bedroom door for a "good half hour" before leaving the house and returning to Clarissa's window. Clarissa told Coronado she was afraid A.S. would wake up and call for help and suggested they "have somebody else do it." Coronado responded "why, I'm here already, " and then stated "screw it, you know, I'm just gonna do it."
¶4 Coronado entered A.S.'s bedroom and struck him in the head with the bat several times, killing him. Clarissa and Coronado cleaned the room, moved the body to A.S.'s van, drove the van to a desert area, and partially buried the body.
¶5 A.S.'s wife, who had been at work when the murder occurred, called the police after she noticed blood on the bedroom wall. Clarissa later had a conversation with her sister that resulted in Clarissa's arrest. Coronado also was arrested and, following a jury trial, convicted as described above. The trial court imposed concurrent prison terms, the longest of which was life imprisonment, and this appeal followed.
I. Motion for a Judgment of Acquittal
¶6 Coronado claims the trial court erred in denying his Rule 20, Ariz. R. Crim. P., motion for a judgment of acquittal on the burglary count because the state "could not convict [him] of burglarizing [A.S.]'s home when [Clarissa] invited him in and she had a lawful and possessory right to the residence." We review de novo the denial of a motion for a judgment of ...