from the Superior Court in Maricopa County No. CR2013-461659
The Honorable Peter C. Reinstein, Judge The Honorable Jose S.
Arizona Attorney General's Office, Phoenix By David
Andrew Simpson Counsel for Appellee.
T. Farnum, Attorney at Law, Phoenix By Nicole T. Farnum
Counsel for Appellant.
James P. Beene delivered the opinion of the Court, in which
Presiding Judge Diane M. Johnsen and Chief Judge Samuel A.
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.
AND PROCEDURAL HISTORY
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
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.
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
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.
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.
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
Scott timely appealed. We have jurisdiction pursuant to
Article 6, Section 9 of the Arizona Constitution and Arizona
Revised Statutes ...