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State v. Denson

Court of Appeals of Arizona, First Division

November 1, 2016

STATE OF ARIZONA, Appellee,
v.
THOMAS EDWARD DENSON, Appellant.

         Appeal from the Superior Court in Maricopa County No. CR2014-113634-001 The Honorable Jeffrey A. Rueter, Judge AFFIRMED

          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. Orozco joined.

          OPINION

          GOULD, Judge

         ¶1 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 affirm.

         FACTS AND PROCEDURAL BACKGROUND[1]

         ¶2 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.

         ¶3 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.

         ¶4 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.

         ¶5 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.

         ¶6 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.

         DISCUSSION

         I. ...


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