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State v. Dawood

Court of Appeals of Arizona, First Division, Department D

August 29, 2013

STATE OF ARIZONA, Appellee,
v.
STEF BORIS DAWOOD, Appellant.

Not for Publication -Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2011-030533-001 The Honorable Hugh E. Hegyi, Judge

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

James J. Haas, Maricopa County Public Defender By Charles R. Krull, Deputy Public Defender Attorneys for Appellant

Stef Boris Dawood Appellant

MEMORANDUM DECISION

MARGARET H. DOWNIE, Judge

¶1 Stef Boris Dawood timely appeals his convictions for two counts of armed robbery in violation of Arizona Revised Statutes ("A.R.S.") sections 13-1902 and -1904. Pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), defense counsel has searched the record, found no arguable question of law, and asked that we review the record for fundamental error. See State v. Richardson, 175 Ariz. 336, 339, 857 P.2d 388, 391 (App. 1993). Dawood filed a supplemental brief in propria persona. On appeal, we view the evidence "in the light most favorable to sustaining the conviction." State v. Tison, 129 Ariz. 546, 552, 633 P.2d 355, 361 (1981), cert. denied, 459 U.S. 882 (1982).

FACTS AND PROCEDURAL HISTORY

¶2 D.B. worked the night shift at a convenience store in Mesa, along with her daughter, S.H. Around 7:30 p.m., a man entered the store wearing a white "hoodie" with the hood pulled over his head, blue jeans, and a green bandana covering most of his face. D.B. heard a "clicking sound" and looked up to see the man pointing a gun at her. The man demanded the money in the register. D.B. put the money on the counter. The man grabbed $160 in bills and stuck them in the hoodie's front pocket. He then turned to S.H., pointed the gun at her, and told her to open her register. S.H. responded that the register was broken and that she did not have a key to open it.

¶3 The man turned the gun back to D.B. and demanded "Newport cigarettes." D.B. set four packs on the counter. The man put the cigarettes in the hoodie pocket and left the store. Outside, he turned right toward newspaper stands in front of the store.

¶4 D.B. called 9-1-1 and described the man as Hispanic, with dark hair, in his 20s, approximately 5'9" to 5'10" tall, and weighing approximately 150 pounds. Officers responded to the scene. En route, Officer Kirkpatrick saw two men fitting the description near the store; one wore a white hoodie. The officer stopped the men, but determined they were likely not involved in the robbery and continued to the convenience store.

¶5 At the store, D.B. and S.H. described the suspect as a Hispanic male in his 20s who was approximately 5'8" tall, weighing about 150 pounds, with brown eyes and short black hair. D.B. described the gun as a silver semi-automatic .32 or .38 with a black grip. Officers found an unopened box of Newport cigarettes a few yards from the front entrance of the store and a newspaper stand that was knocked over "as though somebody had ran by it and knocked it over in the process." A crime scene specialist collected two fingerprints from the cigarette box, one of which was matched to Dawood.

¶6 Dawood was indicted on two counts of armed robbery, both class 2 dangerous felonies. A jury trial ensued. At the conclusion of the State's case-in-chief, Dawood moved for a judgment of acquittal pursuant to Rule 20, Arizona Rules of Criminal Procedure ("Rule"). The motion was denied.

¶7 Dawood testified he did not remember anything that happened in November 2011 because it was "too long" ago, but he denied committing the robbery. He testified that he smoked Newport cigarettes, but preferred "Newport 100 [s]" over the Newport brand sold at the convenience store. He further testified that his fingerprint could have ended up on the cigarette box because the store ...


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