Appeal from the Superior Court in Pinal County. No. CR201300056. The Honorable Boyd T. Johnson, Judge.
For Appellee: Mark Brnovich, Arizona Attorney General, Joseph T. Maziarz, Section Chief Counsel, Phoenix, By Diane Leigh Hunt, Assistant Attorney General, Tucson.
For Appellant: Daisy Flores, Flores & Clark, LLC, Globe.
Presiding Judge Kelly authored the opinion of the Court, in which Judge Howard and Judge Espinosa concurred.
[236 Ariz. 601] KELLY, Presiding Judge:
[¶1] After a jury trial, Pamela Williams was convicted of aggravated assault with a deadly weapon on a peace officer and use of marijuana. The trial court sentenced her to a presumptive, flat time 10.5-year term of imprisonment for the aggravated assault and to a presumptive, concurrent one-year prison term for use of marijuana. Williams argues the court erred by instructing the jury that A.R.S. § 13-1204(C), a sentence-enhancing subsection within the aggravated assault statute, did not require it to find Williams knew the victim was a peace officer. She also argues the court improperly allowed the state to use illegally seized blood evidence--admitted solely for the purpose of impeachment--as substantive evidence of use of marijuana, and that this evidence " tainted the entire trial," requiring reversal of her aggravated assault conviction. For the following reasons, we vacate Williams's conviction and sentence for use of marijuana but affirm her conviction and sentence for aggravated assault.
Factual and Procedural Background
[¶2] We view the facts and all reasonable inferences therefrom in the light most favorable to sustaining Williams's convictions. See State v. Haight-Gyuro, 218 Ariz. 356, ¶ 2, 186 P.3d 33, 34 (App. 2008). Around dusk in January 2013, two deputies responded to B.F.'s home after B.F.'s mother reported Williams had threatened to shoot B.F. Deputy Fernando Ruiz left to check on Williams at her home. As he approached her house on her driveway, he identified himself as law enforcement three times, " yell[ing] at the top of [his] lungs." Williams then fired two gunshots from her home toward Ruiz.
[¶3] Before Ruiz could respond, he saw Williams running down her driveway, unarmed. Ruiz ordered Williams " to turn around and get down on the ground facedown."
[236 Ariz. 602] As he handcuffed her, Williams stated: " [W]hy are you arresting me for? I shot down."
[¶4] The deputies and a responding detective searched Williams's property and found a jammed semiautomatic pistol on top of her chicken coop. They seized " one additional firearm, ammunition[,] . . . marijuana and paraphernalia." Deputies also drew a sample of Williams's blood pursuant to a search warrant, which subsequent testing showed to contain THC. A grand jury indicted Williams for aggravated assault while using a deadly weapon or dangerous instrument against Ruiz, threatening or intimidating B.F., weapons misconduct, possession of marijuana weighing less than two pounds, and possession of drug paraphernalia.
[¶5] Following a jury trial, Williams was convicted of aggravated assault with a deadly weapon on a peace officer and use of marijuana, but acquitted of threatening or intimidating. The trial court sentenced Williams as described above and she timely appealed. We have jurisdiction pursuant to ...