Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Garth

Court of Appeals of Arizona, First Division

September 24, 2015

STATE OF ARIZONA, Appellee,
v.
MARSHON GARTH, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2013-421264-001 The Honorable Sam J. Myers, Judge

COUNSEL

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

Janelle A. Mc Eachern Attorney at Law, Chandler By Janelle A. Mc Eachern Counsel for Appellant

Presiding Judge Margaret H. Downie delivered the decision of the Court, in which Judge Kenton D. Jones and Judge Jon W. Thompson joined.

MEMORANDUM DECISION

DOWNIE, JUDGE

¶1 Marshon Garth appeals his convictions for first degree murder, aggravated assault, and kidnapping. Pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), defense counsel has searched the record, found no arguable question of law, and asked us to review the record for reversible error. See State v. Richardson, 175 Ariz. 336, 339 (App. 1993). Garth was given the opportunity to file a supplemental brief in propria persona, but he has not done so. For the following reasons, we affirm.

FACTS AND PROCEDURAL HISTORY [1]

¶2 J.G. and her boyfriend, M.G., needed money, so J.G. posted an online escort ad. Garth responded to the ad. J.G. agreed to perform oral sex in exchange for money, and M.G. drove J.G. to the home of S.B. -Garth's girlfriend. When they arrived, an orange and black Yukon was parked in front of the home. M.G. stayed nearby in his car while J.G. went inside.

¶3 Garth told J.G. that a friend was bringing him the money they had agreed on. Garth then looked out the window, saw M.G., and asked J.G. if she knew him. J.G. responded that she did not because Garth "seemed mad that somebody was outside of his house" and was "talking loud and screaming." Garth went upstairs and returned with a gun, which he placed in his waistband. J.G. again asked about payment, and Garth said he had "two earrings that were worth $5, 000 each and he would let [J.G.] hold one." J.G. responded, "If you don't pay me, I'm leaving with your earring." Garth replied, "That's fine."

¶4 After J.G. performed oral sex, she requested payment. Garth stated his friend had been robbed, he would have to go meet him, and J.G. could "follow me to the money." J.G. agreed, but said, "I'm keeping the earring until I get my cash." Garth objected, and when J.G. tried to leave through the front door, Garth put his hand on the door to block her exit. J.G. then texted M.G., stating, "[Garth]'s not letting me go. He won't pay me."

¶5 M.G. pulled his car in front of the home and began "honking and waving, " trying to "cause a scene." J.G. dialed 911 and told Garth she would notify the police if he did not let her go. M.G. then began banging on the front door. Garth opened the door, and M.G. told J.G. to leave, but Garth stated, "She can't leave." M.G. and Garth both grabbed J.G. and began pulling her in different directions. Garth eventually let go, and J.G. and M.G. ran to their vehicle. The two men were still arguing, and Garth "lifted up his shirt and showed [M.G.] that he had a gun." As M.G. was getting into the vehicle, Garth pulled the gun out, pointed it at them, and J.G. heard gunshots. J.G. was shot three times. M.G. was also shot. M.G. drove around the corner before losing control of the vehicle and hitting a tree. M.G. died at the scene. Garth drove away in the Yukon before paramedics or police arrived.

¶6 In the next few days, Garth and S.B. rented a car and took the Yukon to V.L.'s home. V.L. agreed to sell the vehicle, but V.L. and Garth later took it to a sales lot. Police ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.