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State v. Hassan

Court of Appeals of Arizona, First Division, Department D

August 1, 2013

STATE OF ARIZONA, Appellee,
v.
AMMED HASSAN, Appellant.

Not for Publication -Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2011-154825-001 The Honorable Shellie F. Smith, Judge Pro Tempore.

Thomas C. Horne, Attorney General Phoenix Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee.

James J. Haas, Maricopa County Public Defender Phoenix Paul J. Prato, Deputy Public Defender Attorneys for Appellant.

MEMORANDUM DECISION

ANDREW W. GOULD, Presiding Judge

¶1 Defendant-Appellant Ammed Hassan ("Hassan") appeals from his conviction and resulting sentence for burglary in the second degree, a class three felony. Finding no reversible error, we affirm.

¶2 Hassan was sentenced on August 30, 2012; he filed a notice of appeal on September 19, 2012. Hassan's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), advising this Court that after a search of the entire appellate record, no arguable ground exists for reversal. Hassan was granted leave to file a supplemental brief in propria persona, and did so on May 9, 2013.

¶3 Our obligation in this appeal is to review "the entire record for reversible error." State v. Clark, 196 Ariz. 530, 537, 30, 2 P.3d 89, 96 (App. 1999). We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") sections 12-120.21(A)(1), 13-4031 and 13-4033(A)(1) (West 2013).[1]

Facts and Procedural History[2]

¶4 In the late evening hours of October 21, 2011, police were notified by an alarm company that an alarm was going off in the victim's home. Upon arriving at the home, Detective Dowlen of the Scottsdale Police Department observed a man near the home holding a shoebox. After Dowlen had a brief look at the man's face, the man took off running, dropping the shoebox. Dowlen then gave chase on foot.

¶5 Although the man was able to evade capture, in the course of the chase a baseball cap flew off his head. As Dowlen returned to the house, he retrieved the cap from the ground. It was later determined that Hassan's DNA was on the interior band of the cap.

¶6 A short distance from the victim's house, police discovered the shoebox that was dropped by Hassan during the police pursuit. The box contained several pieces of costume jewelry that belonged to the victim.

¶7 In the course of the investigation, police located Hassan's truck parked at the clubhouse of the golf course adjacent to the victim's home. The officers eventually placed a GPS tracker on Hassan's truck.

¶8 A photo lineup containing a photo of Hassan was compiled and shown to Dowlen. Dowlen immediately identified Hassan from the line up, expressing his belief that ...


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