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State v. Pruitt

Court of Appeals of Arizona, First Division

October 8, 2013

STATE OF ARIZONA, Appellee,
v.
ROY ALLEN PRUITT, Appellant.

Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2011-006379-002 The Honorable Warren J. Granville, Judge

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

Bruce F. Peterson, Legal Advocate Phoenix by Consuelo M. Ohanesian, Deputy Legal Advocate Attorneys for Appellant

MEMORANDUM DECISION

SAMUEL A. THUMMA, Judge

¶1 This is an appeal under Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Defendant Roy Alan Pruitt has advised the court that, after searching the entire record, he has found no arguable questions of law, and has filed a brief requesting this court to conduct an Anders review of the record. Pruitt was given the opportunity to file a supplemental brief pro se, which the court has considered. The court has reviewed the record and finds no reversible error. Accordingly, Pruitt's convictions and resulting sentences are affirmed.

FACTS[1] AND PROCEDURAL HISTORY

¶2 As relevant here, Pruitt and C.B. were indicted for first degree felony murder of the victim J.B and sale or transportation of methamphetamine.[2] On January 14, 2010, C.B. drove his truck to where one of his friends lived. Pruitt, who C.B. had not met before, arrived a short time later. Although the exact amount of time is disputed, C.B. and Pruitt spent a total of two and a half to three hours together on the day of the murder. In the evening, C.B. and Pruitt left in C.B.'s truck to search for a hotel where Pruitt could stay the night. At that time, Pruitt was carrying a handgun, which was not concealed.

¶3 At about 9:30 p.m., S.J., a woman C.B. had known for a few months, called C.B. looking to trade electronics for methamphetamine. S.J. was at an apartment with friends, including the victim. C.B. told S.J. that he did not have any drugs, but knew someone who might be interested in a trade, referring to Pruitt.

¶4 C.B. and Pruitt met S.J. in a parking lot where S.J. commented on Pruitt's gun. C.B. and Pruitt then followed S.J. into the apartment, where Pruitt introduced himself as "Jim" and quickly examined the electronics S.J. had available for trade. When Pruitt said he did not see anything of interest, the victim said he might have something in his car that Pruitt would like. Pruitt and the victim then left the apartment.

¶5 Later, S.J. and C.B. went to the parking lot to check on Pruitt and the victim. As S.J. and C.B. began to get into the car, the victim said there was no room for them, so they both returned to the apartment, leaving Pruitt and the victim alone in the car. Later, C.B. returned to the parking lot, moved his truck closer to the victim's car and fell asleep.

¶6 A short time later, gun shots woke C.B. and C.B. saw Pruitt leaving the victim's car holding a gun. Pruitt then jumped into C.B.'s truck, and the pair drove a short distance until Pruitt ordered C.B. to stop and Pruitt threw the gun into a garbage can. Pruitt and C.B. then split up, because Pruitt believed "they would be looking for two, not one person, " and were later arrested.

¶7 The gunshots prompted S.J. to run from the apartment to the parking lot, where she saw C.B. and Pruitt leaving in C.B's truck. S.J. found the victim lying on the ground. The victim had been shot nine times and died at the scene.

¶8 After being indicted, Pruitt filed a motion to suppress pretrial and in-court identification by C.B., which the superior court denied following an evidentiary hearing. After a nine day trial, a jury found Pruitt guilty of first degree felony murder and sale or transportation of methamphetamine. The court sentenced Pruitt to life in prison without the possibility of parole for the murder conviction and imposed a concurrent ...


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