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State v. Bolton

Court of Appeals of Arizona, First Division, Department A

July 9, 2013

STATE OF ARIZONA, Appellee,
v.
STEVEN RAY BOLTON, Appellant.

(Not for Publication – Rule 111, Rules of the Arizona Supreme Court)

Appeal from the Superior Court in Maricopa County Cause No. CR2011-130444-002 The Honorable William L. Brotherton, Jr., Judge

Thomas C. Horne, Attorney General Phoenix By Joseph T. Maziarz, Chief Counsel Criminal Appeals Section and Jana Zinman, Assistant Attorney General Attorneys for Appellee.

Franklin & Associates, P.A. Tempe By Charles P. Franklin Colby Kanouse Attorneys for Appellant.

MEMORANDUM DECISION

LAWRENCE F. WINTHROP, Presiding Judge

¶1 Steven Ray Bolton ("Appellant") appeals his conviction for burglary in the second degree. He argues the trial court erred in denying his motion for a judgment of acquittal. See Ariz. R. Crim. P. 20(a). For the following reasons, we affirm.

BACKGROUND[1]

¶2 On June 21, 2011, a grand jury issued an indictment, charging Appellant with burglary in the second degree, a class three felony.[2]See Ariz. Rev. Stat. ("A.R.S.") § 13-1507 (West 2013).[3]

¶3 The State presented the following evidence at trial: On April 23, 2011, at approximately 11:00 a.m., D.B. and C.B. (collectively, "the victims") were loading their recreational vehicle for an overnight trip to Lake Pleasant, when D.B. noticed a small, black, "older import type of car" with dark tinted windows parked approximately five hundred feet from his driveway. D.B. approached the vehicle, but the driver drove away. Before leaving for Lake Pleasant, the victims locked all of the doors to their home and re-enforced the garage doors.

¶4 When the victims returned at approximately 12:00 p.m. the next day, D.B. noticed that two big doors leading to the garage had been opened, and someone had pried open the garage's steel side door. At the same time, C.B. entered the home and discovered the home appeared to have been burglarized. C.B. went outside and advised D.B. that something was wrong. D.B. called 911, and the victims waited outside for law enforcement officers to arrive.

¶5 Soon afterward, a deputy and his supervisor arrived and "cleared" the home to verify no intruders were inside. Subsequently, a detective arrived to investigate. The detective and D.B. walked through the home and discovered someone had opened all of the doors except the front door, which had been left locked. The home had been ransacked, with numerous drawers and cabinets pulled out and opened, and items strewn on the floor.

¶6 In the home office, a blue bank deposit bag and a clear plastic bag labeled "coin wrappers" were on the desk instead of inside the cabinet, and valuable coins were missing from the bags and cabinet. Rolled coins, which had been under the items now lying on the desk, were missing, meaning someone had moved those items to get to the coins. An old cigar box that had contained old coins and other valuables had been moved and emptied, and other coins were missing from a coin cylinder.

¶7 In the master bedroom and bathroom, drawers had been pulled open and articles of clothing strewn about. Several rings and a solid gold watch were missing from C.B.'s closet, and watches and keepsakes had been removed from a jewelry box in D.B.'s closet. In total, more than $12, 000 worth of property had been stolen from the victims' home.[4]

¶8 The detective requested the assistance of a crime scene technician, who preserved several shoe impressions from patios around the home.[5] Additionally, the blue bank deposit bag, a plastic Ziploc bag and the plastic coin wrapper bag, and the plastic coin cylinder ...


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