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State v. Campos

Court of Appeals of Arizona, First Division, Department C

October 22, 2013

STATE OF ARIZONA, Appellee,
v.
DAVID REGGIE CAMPOS, Appellant.

Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2010-165541-001 The Honorable Connie Contes, Judge

Thomas C. Horne, Attorney General, Joseph T. Maziarz, Chief Counsel, Criminal Appeals/Capital Litigation Section and Craig W. Soland, Assistant Attorney General Attorneys for Appellee

Tennie B. Martin, Maricopa County Public Defender, Attorneys for Appellant

MEMORANDUM DECISION

SAMUEL A. THUMMA, Judge

¶1 Defendant David Reggie Campos appeals from his convictions and sentences for aggravated robbery, armed robbery and unlawful flight. Campos argues the superior court erred in denying his motion for new trial and that his convictions for aggravated robbery and armed robbery are multiplicitous. Finding no error, the convictions and sentences are affirmed.

FACTS[1] AND PROCEDURAL HISTORY

¶2 On December 15, 2011, M.L.[2] was riding a bicycle in Phoenix when a male, later identified as Asuncion Angel Olivas, attacked him from behind and pulled him to the ground. While M.L. was face down on the ground, Olivas "stuck a knife in [his] throat." Olivas told Campos to grab the victim's cell phone and wallet, and Campos did so, also taking the victim's hat. After telling M.L. "don't move, " Olivas and Campos jumped into a white car with blue lights and drove away. M.L. then walked to a gasoline station and called 9-1-1.

¶3 Phoenix Police Officer Kerger responded and broadcast a description of the car. Within minutes, Officers Jensen and Olson located the car and activated their patrol car's lights. After slowing and speeding up three times, the car eventually came to a stop near a field. Olivas then got out of the passenger side of the car and ran. Officer Olson ran after Olivas while Officer Jensen detained Campos, who had been driving the car. Officer Castillo, who was responding to the scene, assisted Officer Olson in apprehending Olivas.

¶4 Although the victim could not identify either Olivas or Campos, he did identify the car as the getaway car. The victim's wallet and hat were found inside the car. Officers Olson and Castillo retraced the path where Olivas ran and found the victim's cell phone and a pocket knife.

¶5 The State charged Campos with aggravated robbery, a Class 3 dangerous felony; armed robbery, a Class 2 dangerous felony and unlawful flight, a Class 5 felony. Campos and Olivas were tried separately. Campos testified on his own behalf and maintained Olivas forced him to participate. Campos testified that Olivas was armed and threatened him. Campos also testified he was afraid Olivas would have killed him or the victim (or both) if Campos did not do as Olivas directed.

¶6 The jury found Campos guilty as charged. The superior court sentenced Campos to a presumptive prison term of 7.5 years for aggravated robbery and a concurrent slightly mitigated prison term of 8 years for armed robbery; the superior court also imposed a consecutive 3-year probation term for unlawful flight. Campos timely appealed. This court has 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 (2013).[3]

DISCUSSION

I. The Superior Court Lacked Jurisdiction To Consider Campos' Motion For ...


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