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State v. Coleman

Court of Appeals of Arizona, Second Division

November 22, 2016

The State of Arizona, Appellee,
v.
Craig Victor Coleman, Appellant.

         Appeal from the Superior Court in Pima County No. CR20123419001 The Honorable Howard Fell, Judge Pro Tempore AFFIRMED

         COUNSEL

          Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Section Chief Counsel, Phoenix By Mariette Ambri, Assistant Attorney General, Tucson Counsel for Appellee

          Steven R. Sonenberg, Pima County Public Defender By Michael J. Miller, Assistant Public Defender, Tucson Counsel for Appellant

          Presiding Judge Howard authored the opinion of the Court, in which Judge Espinosa and Judge Staring concurred.

          OPINION

          HOWARD, Presiding Judge:

         ¶1 Following a jury trial, Craig Coleman was convicted of unlawful imprisonment of a minor under fifteen, aggravated assault of a minor under fifteen, assault, and burglary. On appeal, he argues the trial court violated his equal protection and substantive due process rights by requiring him to register pursuant to A.R.S. § 13-3821 (A)(1) absent a jury finding the unlawful imprisonment was sexually motivated. Because we find no constitutional violation, we affirm.

         Factual and Procedural Background

         ¶2 We view the facts in the light most favorable to upholding the jury verdicts. State v. Haverstick, 234 Ariz. 161, ¶ 2, 318 P.3d 877, 880 (App. 2014). In September 2012, C.B. was holding her three-year-old daughter, H.T., when Coleman entered her backyard, "grabbed the baby's arm" and tried to pull her away from C.B. Coleman punched C.B. in the face, causing her to fall down and on top of H.T. He punched C.B. again and then ran away.

         ¶3 Coleman was charged with kidnapping and aggravated assault as to H.T., aggravated assault causing temporary and substantial disfigurement as to C.B., and burglary. A jury found him guilty of unlawful imprisonment of a minor under fifteen as a lesser-included offense of kidnapping, but found the state did not prove it was committed with sexual motivation beyond a reasonable doubt. The jury also found him guilty of aggravated assault of a minor under fifteen, of assault of C.B. as a lesser-included offense of the aggravated assault, and of burglary.

         ¶4 The trial court sentenced Coleman to concurrent prison terms, the longest of which is 2.5 years. It also ordered him to register pursuant to § 13-3821 (A)(1) for a period of ten years. § 13-3821(A)(1), (M). We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1) and 13-4033(A).

         Discussion

         ¶5 Coleman argues the trial court's order that he register pursuant to § 13-3821 violates his substantive due process and equal protection rights under the United States and Arizona constitutions. He reasons that subjecting him to § 13-3821's registration requirements and labeling him a "sex offender" when sexual conduct is not an element of unlawful imprisonment and the jury failed to find the crime was sexually motivated is not rationally related to the legislature's purpose in establishing the registry.

         ¶6 Coleman raised his equal protection argument below, thus preserving it for review, but forfeited any review of whether his substantive due process rights have been violated except for fundamental, prejudicial error.[1]See State v. Henderson,210 Ariz. 561, ¶ 19, 115 P.3d 601, 607 (2005); see also State v. Lopez,217 Ariz. 433, ¶ 4, 175 P.3d 682, 683 (App. 2008) ("objection on one ground does not preserve the issue on another ground"). However, under either standard of review, Coleman must first establish error occurred. See State v. Katzorke,167 Ariz. 599, 600, 810 P.2d 597, 598 (App. 1990) (violation of equal protection reversible error); see also State v. Avila,217 Ariz. 97, ΒΆ 9, 170 P.3d 706, 708 (App. 2007) (under ...


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