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State v. Robinson

Court of Appeals of Arizona, First Division

October 1, 2015

STATE OF ARIZONA, Appellee,
v.
BURL LAWRENCE ROBINSON, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2012-112393-001 The Honorable Dean M. Fink, Judge

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

Maricopa County Legal Advocate's Office, Phoenix By Colin F. Stearns Counsel for Appellant

Presiding Judge Maurice Portley delivered the decision of the Court, in which Judge John C. Gemmill and Judge Michael J. Brown joined.

MEMORANDUM DECISION

PORTLEY, Judge:

¶1 This is an appeal under Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Defendant Burl Lawrence Robinson has advised us that after searching the entire record he has been unable to discover any arguable questions of law, and has filed a brief requesting us to conduct an Anders review of the record. Robinson did not take the opportunity to file a supplemental brief.

FACTS[1]

¶2 Two women were standing in a front yard on March 2, 2012, when they saw a gold-colored pickup truck driving slowly down the street. One, A.T., noticed that the driver's head was tilted forward and his eyes were closed. She watched the truck crash into her husband's parked pickup truck. Fearing that the driver, who was later identified as Robinson, had experienced a heart attack, the two witnesses went to help. The two women, with others, approached the truck and someone opened the door and tried to wake Robinson, who appeared to be sleeping. When he did not respond, someone called 9-1-1.

¶3 When Robinson finally woke up, he stood next to the driver's door, was unresponsive, and stared into the distance for several minutes. He then began acting erratically, jumping in and out of the bed of the pickup truck, and running around. He pointed at vehicles driving by saying, "I got you, " or "You guys can't catch me, " before trying to run away.

¶4 When the Phoenix Fire Department arrived, Robinson ran in front of the fire truck, attempting to stop it. He was uncooperative and unwilling to allow emergency personnel to assess him for injuries. Fearing that Robinson would get injured in traffic, Captain Caskey submitted an emergency request for police assistance. Officers Miller and Francetic responded, and were able to identify Robinson when he provided his Arizona identification card. A subsequent records check revealed that Robinson's driver's license had been suspended.

¶5 Officer Francetic noticed that Robinson had a glazed look on his face, his eyes were bloodshot, and that he was experiencing extreme mood changes. Robinson, however, told Officer Miller that he had not been driving the truck, and refused to submit to a field sobriety test. After being taken to and admitted into the hospital, Robinson's blood was drawn and given to the police for testing. The laboratory results revealed that his blood tested positive for Phencyclidine ("PCP"), a prohibited drug as defined in Arizona Revised Statutes ("A.R.S.") section 13-3401 (2014).[2]

¶6 Robinson was indicted for aggravated driving or actual physical control of a vehicle while under the influence of alcohol or any drug while his privilege of driving was suspended, cancelled or revoked, a class 4 felony, and with aggravated driving or actual physical control of a vehicle while there was any drug defined in Arizona law in his body while his driver's license or privilege to drive was suspended, cancelled, or revoked, a class four felony. He pled not guilty, and subsequently was evaluated pursuant to Arizona Rule of Criminal Procedure ("Rule") 11 to determine whether he was competent to stand trial. After he was determined to be competent, the case proceeded to trial.

¶7 In addition to Captain Caskey, the police officers, and the two witnesses to the slow-speed accident, the jury heard from Gayle Swanson, a forensic scientist, about the results of Robinson's blood test and the impact of PCP on the body, including impairing the mental process, speech, and vision, and causing delusions and hallucinations. The jury also heard testimony from an investigator from the Motor Vehicle Department that Robinson's driving privileges had been suspended and had not been reinstated ...


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