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State v. Vaughn

Court of Appeals of Arizona, First Division

December 19, 2013

STATE OF ARIZONA, Appellee,
v.
DAVID ERNEST VAUGHN, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court.

Appeal from the Superior Court in Yuma County No. S1400CR200200612 The Honorable Lisa W. Bleich, Judge Pro Tem

Arizona Attorney General's Office, Phoenix By Terry M. Crist Counsel for Appellee

Terri L. Capozzi, Yuma Counsel for Appellant

Judge Margaret H. Downie delivered the decision of the Court, in which Presiding Judge Lawrence F. Winthrop and Judge Jon W. Thompson joined.

MEMORANDUM DECISION

Margaret H. Downie Judge

¶1 David Ernest Vaughn ("Vaughn") appeals from the revocation of his probation and his sentence to the Arizona Department of Corrections. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 Vaughn was charged with five counts of child molestation and seven counts of sexual conduct with a minor in June 2002. The State alleged that the crimes occurred between 1993 and 1997, when the four named victims were each under 15 years of age.

¶3 On August 13, 2002, Vaughn pled guilty to two counts of attempted child molestation, each a class 3 felony and dangerous crime against children that occurred in 1993 (amended count 1) and 1995 (amended count 11). The plea agreement stipulated that Vaughn would receive an aggravated sentence of 13 years in prison on count 1, followed by lifetime probation on count 11 upon his release from prison. On September 10, 2002, the trial court sentenced Vaughn as stipulated. The court advised Vaughn that the terms of probation included a prohibition against using alcohol, as well as drug and alcohol testing. Vaughn did not object or otherwise challenge the plea agreement, the terms of his probation, or his sentence.

¶4 On August 19, 2011, after being released from prison, Vaughn began serving lifetime probation on count 11. He was reminded that one of the terms of probation prohibited him from drinking alcohol. On October 6, 2012, Vaughn's surveillance officer administered a breathalyzer test, and Vaughn tested positive for alcohol.

¶5 The probation officer moved to revoke Vaughn's probation. After a hearing, the trial court found that Vaughn violated his probation by consuming alcohol. Prior to sentencing on January 23, 2013, the court held a mitigation hearing at which it heard argument regarding the appropriate disposition. The court ruled "that suspension of sentence and a term of probation" was not appropriate, revoked Vaughn's probation, and sentenced him to 10 years in prison on count 11.

¶6 Vaughn timely appealed. We have jurisdiction pursuant to the Arizona Constitution, Article 6, Section 9, and Arizona Revised Statutes ("A.R.S.") sections ...


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