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State v. Murphy

Court of Appeals of Arizona, First Division

October 1, 2015

STATE OF ARIZONA, Appellee,
v.
JOHN JOSEPH MURPHY, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2013-447130-001 The Honorable Christine E. Mulleneaux, Judge Pro Tempore

Arizona Attorney General Office, Phoenix By Joseph T. Maziarz Counsel for Appellee

Maricopa County Public Defender's Office, Phoenix By Cory Engle Counsel for Appellant

Judge Kent E. Cattani delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Chief Judge Michael J. Brown joined.

MEMORANDUM DECISION

CATTANI, Judge:

¶1 John Joseph Murphy appeals from his convictions of aggravated assault and disorderly conduct and the resulting sentences. For reasons that follow, we affirm.

FACTS AND PROCEDURAL BACKGROUND

¶2 Murphy and the victim had been neighbors in Mesa. In early 2013, the victim moved into a trailer with her boyfriend approximately a block away. Murphy continued to visit the victim daily or weekly after the move.

¶3 In late September 2013, the victim temporarily ran out of funds for food and electricity, and Murphy offered to help by selling a coin collection and lending the victim money. Murphy returned to the victim's house the next day. Over the course of two hours, Murphy drank more than half of a large bottle of whiskey, then became angry when the victim and her boyfriend teased him about a rumor that he had called the police on another neighbor. Agitated, Murphy said that he needed to kill the neighbors who were accusing him or, failing that, he might as well kill himself. Murphy threw a "wad of money" at the victim's boyfriend and left the trailer.

¶4 The victim left the trailer for a while, and when she returned, Murphy had returned with a gun. The victim eventually went into the trailer and stood across the room from Murphy, near her boyfriend. She saw Murphy loading a bullet into the gun, waving the gun back and forth, and pointing the gun briefly at her chest.

¶5 After the victim's boyfriend left the trailer, she told Murphy to get out, and then she went into the backyard to call 9-1-1. While the victim was on the phone, Murphy left the trailer and walked back toward his neighbor's house. Maricopa County Sheriff's deputies found Murphy standing outside the house with a pistol pointed at a porch window. Murphy was arrested at the scene.

¶6 A jury found Murphy guilty of aggravated assault and disorderly conduct, both dangerous offenses, and Murphy timely appealed. We have jurisdiction under Arizona Revised ...


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