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State v. Gagnon

Court of Appeals of Arizona, Second Division

December 3, 2014

THE STATE OF ARIZONA, Appellee,
v.
GLENN LEO GAGNON, Appellant

Appeal from the Superior Court in Pima County. No. CR20120776001. The Honorable Casey F. McGinley, Judge Pro Tempore.

Thomas C. Horne, Arizona Attorney General, Joseph T. Maziarz, Section Chief Counsel, Phoenix, By Alan L. Amann, Assistant Attorney General, Tucson, Counsel for Appellee.

Lori J. Lefferts, Pima County Public Defender, By Lisa M. Hise, Assistant Public Defender, Tucson, Counsel for Appellant.

Judge Vá squez authored the opinion of the Court, in which Presiding Judge Kelly and Judge Howard concurred.

OPINION

Page 414

[236 Ariz. 335] VÁ SQUEZ, Judge:

[¶1] After a jury trial, Glen Gagnon was convicted of trafficking in stolen property and the trial court sentenced him to a presumptive prison term of 6.5 years. On appeal, Gagnon argues the court erred by denying his motion to dismiss the trafficking charge because a more recent and specific statute, A.R.S. § 44-1630, involving false representations in pawn transactions, applies. For the reasons that follow, we affirm.

Factual and Procedural Background

[¶2] We view the facts and all reasonable inferences therefrom in the light most favorable to sustaining Gagnon's conviction. See State v. Haight-Gyuro, 218 Ariz. 356, ¶ 2, 186 P.3d 33, 34 (App. 2008). In January 2012, Gagnon called his former co-worker, J.H., because Gagnon's " credit card had been stolen, and . . . he needed a place to stay in town for a couple days to straighten out the situation with the bank." Gagnon stayed with J.H. for two nights. When J.H. returned from work on the third day, he noticed several of his son's video games and a video game console were missing and called the police.

[¶3] Later that month, a detective from the Pima County Sheriff's Department called J.H. to a pawn shop, where they had found the missing console and most of the games. An employee of the pawn shop gave the detective a copy of the ticket generated when Gagnon had dropped off the items. The ticket included the following certification:

All information in this report is complete and accurate. I am the owner of the goods described in this report or I am authorized to enter into this pawn or sales transaction on behalf of the owner of the goods described in this report. I understand that I will be guilty of a class 1 misdemeanor if the information in this report is not complete and accurate, if I am not the owner of the goods pledged or sold or if I am not authorized to enter into the pawn or sale transaction on behalf of the owner of the goods.

Gagnon had signed his name and provided his fingerprint on the ticket.

[¶4] Gagnon was indicted for second-degree trafficking in stolen property. Before trial, he filed a motion to dismiss. He argued his conduct amounted to making a false representation during a pawn transaction pursuant to § 44-1630, a misdemeanor. He further argued § 44-1630 conflicts with the trafficking statute and, therefore, the legislature must have " intended for a less serious offense where stolen property is the subject of a pawn transaction." The trial court denied the motion.

[¶5] The jury found Gagnon guilty and the trial court sentenced him as described above. This appeal followed.[1] We have jurisdiction pursuant to A.R.S. § § ...


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