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State v. Scott

Court of Appeals of Arizona, First Division

September 12, 2017

STATE OF ARIZONA, Appellee,
v.
RAYMOND J. SCOTT, Appellant.

         Appeal from the Superior Court in Maricopa County No. CR2013-461659 The Honorable Peter C. Reinstein, Judge The Honorable Jose S. Padilla, Judge

          Arizona Attorney General's Office, Phoenix By David Andrew Simpson Counsel for Appellee.

          Nicole T. Farnum, Attorney at Law, Phoenix By Nicole T. Farnum Counsel for Appellant.

          Judge James P. Beene delivered the opinion of the Court, in which Presiding Judge Diane M. Johnsen and Chief Judge Samuel A. Thumma joined.

          OPINION

          BEENE, Judge:

         ¶1 After having been found guilty of eight felony offenses, Raymond J. Scott ("Scott") argues on appeal (1) that he was convicted of two multiplicitous kidnapping charges and (2) that the superior court erred by allowing evidence of his prior conviction in Pennsylvania for aggravated indecent assault. Scott asks that we vacate one kidnapping conviction as multiplicitous and vacate and remand for a new trial on the remaining charges. Because there was a clear break in Scott's restraint of his victim, and because Scott's past act was properly admitted to show a lack of mistake under Arizona Rule of Evidence 404(b), we affirm Scott's convictions and sentences.

         FACTS AND PROCEDURAL HISTORY[1]

         ¶2 In 1999, Scott sexually assaulted C.T., a former girlfriend with whom he was living in Pennsylvania. Shortly after C.T. had ended their romantic relationship, Scott forced C.T. into her bedroom in their shared apartment, restrained her with duct tape, and sexually assaulted her. Scott then immediately released C.T., gave her his gun, and threatened to stab her with a scalpel if she did not kill him. After C.T. refused to shoot him, Scott allowed her to get dressed and leave, but threatened to kill himself if she spoke to the police. C.T. left and called the police, who arrested Scott. Scott was found guilty of aggravated indecent assault and sentenced to prison.

         ¶3 After his release, Scott moved to Arizona, where he met and later married M.N. M.N. had a child from a previous marriage, D.N., and she and Scott had two other children during their time together, D.NS. and R.NS. They divorced in 2011, but continued to share custody of their children.

         ¶4 On Christmas Day 2013, M.N. and the children gathered with Scott in his apartment to open presents. While the children were busy with the gifts, Scott lured M.N. away and forced her into his bedroom. There, Scott lifted his shirt to reveal a handgun in his pants and told M.N. he wanted to have sex. M.N. refused, and Scott wrestled her to the bed, placed the gun to her head, and demanded that she perform sexual acts. M.N. began crying, and D.N., her oldest child, heard her asking Scott to stop and crying out in "actual pain." Eventually, D.N. forced open the bedroom door and saw Scott with his pants down, standing over M.N. on the floor.

         ¶5 M.N. managed to throw a cell phone to D.N. and yelled to her to take the other children and go for help. D.N. gathered R.NS., but not D.NS., left the apartment, and called her uncle. Meanwhile, as the struggle continued in the bedroom, Scott told M.N. he would "shoot everybody in here if you don't be quiet." When M.N. was able to throw the gun aside, Scott pulled out a knife and pressed it to her neck while he continued the assault.

         ¶6 M.N. finally escaped from Scott and ran out of the bedroom to the living room. M.N. intended to leave with her younger daughter, D.NS., but before she could gather her up, Scott knocked M.N. down, grabbed her by the legs, and dragged her back into the bedroom. There he continued to assault M.N. until help arrived.

         ¶7 The State charged Scott with fourteen counts - two counts of kidnapping, three counts of aggravated assault, three counts of sexual assault, three counts of attempted sexual assault, two counts of public sexual indecency to a minor, and one count of threatening or intimidating. After a ten-day trial, the jury convicted Scott of eight charges - three counts of aggravated assault, two counts of kidnapping, two counts of attempted sexual assault, and one count of threatening or intimidating. Scott was sentenced to an aggregate of 25 years in prison.

         ¶8 Scott timely appealed. We have jurisdiction pursuant to Article 6, Section 9 of the Arizona Constitution and Arizona Revised Statutes ...


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