Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Coconino County S0300CR201200648 The Honorable Cathleen Brown Nichols, Judge
Office of the Attorney General, Phoenix By Joseph T. Maziarz Counsel for Appellee
Coconino County Public Defender, Flagstaff By H. Allen Gerhardt Counsel for Appellant
Judge John C. Gemmill delivered the decision of the Court, in which Presiding Judge Maurice Portley and Judge Kent E. Cattani joined.
¶1 Kyle Jordan Dobson appeals his conviction of one count of aggravated assault. Specifically, he appeals the trial court's denial of his motion for mistrial. We affirm Dobson's conviction and sentence.
¶2 In March 2013, a jury convicted Dobson of one count of aggravated assault, a class 4 felony. His conviction resulted from a 2011 incident in which he kicked his then-girlfriend, L.W., in the face during a camping trip near the Grand Canyon. The kick broke L.W.'s nose, causing bleeding and swelling, and required medical treatment.
¶3 The trial court held a pre-trial evidentiary hearing regarding three prior acts Dobson committed shortly before the assault. The State moved to present evidence that (1) Dobson burned L.W's arm with a cigarette the day before the assault, (2) Dobson threw a hat worn by L.W. over a cliff after threatening to push L.W. down the canyon, and (3) Dobson verbally fought and threatened L.W. during the trip prior to the assault. The State argued that evidence of all three instances was admissible to show that Dobson kicked L.W. intentionally. L.W. testified at the hearing that all three instances occurred and also that Dobson had physically abused her prior to the camping trip assault. Although the trial court sustained Dobson's objection to L.W's testimony about other past abuse, the court granted the State's motion to allow evidence about the three instances of Dobson's behavior leading up to the assault.
¶4 At trial, L.W. testified about the incident and her injuries. Her testimony included observations that prior to assaulting her, Dobson "was in a bad mood" before departing for the camping trip, that "[h]e was being aggressive towards everybody, " and that "[i]t was almost like dealing with a child." The prosecutor then asked L.W. about Dobson's attitude during the trip and her reasons for continuing with the trip notwithstanding Dobson's conduct:
STATE'S ATTORNEY (SA): So about what time did you actually leave [to go up to the Grand Canyon]?
L.W.: Like I said, I'd say probably in the hours between ten and ...