from the Superior Court in Maricopa County No.
CR2014-113634-001 The Honorable Jeffrey A. Rueter, Judge
Arizona Attorney General's Office, Phoenix By Terry M.
Crist Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix By
Nicholaus Podsiadlik Counsel for Appellant
Presiding Judge Andrew W. Gould delivered the opinion of the
Court, in which Judge Peter B. Swann and Judge Patricia A.
We hold that the statute criminalizing possession of burglary
tools, Arizona Revised Statute ("A.R.S.") section
13-1505(A)(1) (2016), is not unconstitutionally vague.
Additionally, we hold there was sufficient evidence to
support Thomas Denson's convictions for second degree
burglary and possession of burglary tools. We therefore
AND PROCEDURAL BACKGROUND
On March 24, 2014, at around 2:40 a.m., victim J.B. awoke in
his bedroom with a light shining in his eyes from a
flashlight shining down the hallway. He got out of bed and
ran down the hallway, but the intruder was gone. J.B. checked
the house, and observed that the garage door leading into the
backyard was open. He immediately called the police, and an
officer was sent to patrol his neighborhood.
At around 3:50 a.m., less than a mile from J.B.'s
residence, a patrol officer saw two men walking. When the
officer approached the men in his vehicle, they ran into a
yard and laid down in the grass. The officer flashed his
spotlight on them, and they fled. One of the men stopped
running, put a laptop computer on the ground, and then laid
down again. The other man, Denson, kept running, but the
officer caught him. As the officer was taking Denson into
custody, the other man fled.
The officer searched Denson, and found the power cord for the
laptop, two iPods, a high school ring, a pair of gloves, and
a small flashlight. Denson told the officer that he bought
the two iPods on Indian School Road for $20, but later said
it was actually on Camelback Road. Denson also told the
officer he found the ring on the ground.
Police later contacted victim J.B., who identified the two
iPods as his property. The ring had a surname on it, leading
officers to victim J.P., who lived half a mile from the
location of Denson's arrest. J.P. identified the ring as
his son's high school ring, and he was able to show that
the laptop belonged to him by logging on to the computer
using a password.
Denson was indicted on two counts of theft, two counts of
second degree (residential) burglary, and one count of
possession of burglary tools based on his possession of the
gloves and the flashlight. The jury found Denson guilty on
all counts. Denson timely appealed.