United States District Court, D. Arizona
REPORT AND RECOMMENDATION
A. BOWMAN, District Judge.
before the court is a petition for writ of habeas corpus
filed on December 21, 2015, by Leonard Frank Giso. (Doc. 1)
Giso is currently incarcerated in the Arizona State Prison
Complex in Douglas, Arizona. Id.
to the Rules of Practice of this court, the matter was
referred to Magistrate Judge Bowman for report and
recommendation. LRCiv 72.2(a)(2).
Magistrate Judge recommends that the District Court, after
its independent review of the record, enter an order denying
the petition. Giso's two convictions for engaging in a
fraudulent scheme or artifice were not multiplicitous.
of the Case
fraudulently offered for rent two apartments that he did not,
in fact, own. He collected money from the prospective tenants
and then disappeared when they found they were unable to move
in. The following evidence was presented at trial:
and 2013, Giso approached E.C. and discussed leasing space in
E.C.'s strip mall. (Doc. 11, pp. 4-6) During these
negotiations, E.C. permitted Giso to stay rent-free in one of
E.C.'s furnished corporate apartments. Id. In
2013, Giso stayed for approximately one week at E.C.'s
Crescent Ridge apartment complex and one week at E.C.'s
Summit Vista apartment complex. Id.
March 6, 2013, W.B. responded to an online classified
advertisement for a corporate apartment. (Doc. 11, pp. 4-6)
W.B. and his stepson, A.P., met Giso at the Crescent Ridge
complex. Id. Giso showed them a furnished
one-bedroom apartment. Id. W.B. gave Giso
approximately $500 to rent the apartment, but the key Giso
gave him did not fit the door. Id. When his money
was not promptly refunded, W.B. contacted the police.
March 9 or 10, 2013, S.S. responded to a similar
advertisement. (Doc. 11, pp. 4-6) S.S. gave Giso
approximately $550 to rent an apartment at the Crescent Ridge
complex. Id. When Giso repeatedly delayed S.S.'s
move-in date, S.S. asked for a refund. Id. Giso then
stopped communicating with S.S. Id.
April 6, 2013, S.F. responded to an online advertisement for
a furnished apartment. (Doc. 11, pp. 4-6) Giso showed S.F. a
furnished apartment in the Summit Vista apartment complex.
Id. S.F. gave Giso $650 to rent the apartment.
Id. Giso delayed S.F.'s move-in date and then
failed to refund S.F.'s money. Id.
April 6, 2013, J.G. responded to a similar advertisement.
(Doc. 11, pp. 4-6) J.G. and her husband C.G., gave Giso $500
to rent a two-bedroom apartment in the Summit Vista apartment
complex. Id. J.G. requested a refund when she
discovered that Giso was not an owner of the building as he
claimed. Id. Giso did not refund J.G.'s money.
was charged with two counts of engaging in a fraudulent
scheme or artifice, two counts of forgery, and one count of
theft. (Doc. 11, p. 6) Count 1 of the indictment was based on
the fraudulent scheme involving the Crescent Ridge
apartments. Id. Count 2 was based on the fraudulent
scheme involving the Summit Vista apartments. Id.
before his trial, Giso pleaded guilty to one count of theft.
(Doc. 11, p. 7) Giso was convicted after a jury trial of the
remaining four counts. (Doc. 11, pp. 12-16) The trial court
sentenced Giso to an aggregate prison term of 18.5 years.
(Doc. 11, p. 7)
direct appeal, Giso argued the two counts of engaging in a
fraudulent scheme or artifice were multiplicitous. (Doc. 11,
p. 26) The Arizona Court of Appeals affirmed his ...