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State v. Guy

Court of Appeals of Arizona, First Division

December 19, 2013

STATE OF ARIZONA, Appellant,
v.
JOSEPH MICHAEL GUY, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court.

Appeal from the Superior Court in Mohave County No. S8015CR201200096 The Honorable Steven F. Conn, Judge.

COUNSEL

Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee.

Mohave County Legal Advocate's Office, Kingman By Jill L. Evans Counsel for Appellant.

Judge Samuel A. Thumma delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Patricia A. Orozco joined.

MEMORANDUM DECISION

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 Joseph Michael Guy have advised the court that, after searching the entire record, they are unable to discover any arguable questions of law, and have filed a brief requesting this court conduct an Anders review of the record. Guy was given the opportunity to file a supplemental brief pro se, but has not done so. This court has reviewed the record and finds no reversible error. Accordingly, Guy's conviction and resulting sentence are affirmed.

FACTS[1] AND PROCEDURAL HISTORY

¶2 On July 7, 2011 at 2:00 a.m., Guy was driving a three-wheel all-terrain vehicle (ATV) northbound on Highway 95 in Fort Mohave, Arizona. The ATV had no distinctive marks and had no license plate. Deputy Wilson was on patrol that morning in a marked patrol car, equipped with lights, a siren and large lettering reading "Sheriff."

¶3 After noticing the ATV, Deputy Wilson began to follow Guy, who turned off the highway onto a side street. When Deputy Wilson activated his overhead lights, Guy accelerated and turned onto a dirt field. Deputy Wilson and Guy were traveling about 35-45 miles per hour. Guy was standing up on the ATV weaving through the field in an attempt to kick up dust, but Deputy Wilson could still see Guy, who had turned his head and was looking back at Deputy Wilson for approximately 45 seconds. Although Deputy Wilson thought he recognized Guy, he could not immediately think of Guy's name or how he knew him.

¶4 Guy then left the dirt field and drove onto a residential street and eventually through residential yards. By this point, Deputy Wilson had activated his siren and at one point was parallel with Guy and mouthed the word "stop" to him. They were both traveling about 30 miles per hour. Guy then turned off into another field and Deputy Wilson ended the chase. As Deputy Wilson was filling out his report, he was able to recall Guy's name, and viewed a sheriffs department photograph and driver's license to confirm Guy's identity. In his police report, Deputy Wilson described Guy as wearing a white tank top and board shorts. About a week later, Deputy Wilson visited the residence of Guy's grandfather (where Guy lived) and observed a red ATV similar to the one he had chased.

¶5 The State charged Guy with willfully fleeing or attempting to elude a pursuing official law enforcement vehicle, a class 5 felony, pursuant to Arizona Revised Statutes (A.R.S.) sections 28-622.01, 28-624(C), 13-701, 13-702, 13-801.[2] Guy was released on bond during the pendency of the case. After a number of continuances, trial was held on January 15, 2013.

¶6 On the date of the trial, Guy did not appear. The superior court acknowledged that although Guy had been at the final trial management hearing, he could have been confused about the trial date because "[h]e has two different cases pending, [and] he has two different attorneys." Therefore, the court waited until about 10:00 am to see if Guy would appear. When Guy's attorney tried to contact him, Guy's grandfather told the attorney that when Guy heard about the trial, he jumped in his truck and took off without telling the grandfather where he was headed. When Guy ...


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