Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

State v. Martin

Court of Appeals of Arizona, First Division

June 19, 2018

STATE OF ARIZONA, Appellee,
v.
PHILIP JOHN MARTIN, Appellant.

          Appeal from the Superior Court in Mohave County No. S8015CR201201326 The Honorable Billy K. Sipe, Jr., Judge, Pro Tempore

          Arizona Attorney General's Office, Phoenix By Linley Wilson Counsel for Appellee

          Mohave County Legal Advocate, Kingman By Jill L. Evans Counsel for Appellant

          James P. Beene Presiding Judge delivered the opinion of the Court, in which Randall M. Howe Judge and Kent E. Cattani Judge joined

          OPINION

          BEENE, JUDGE

         ¶1 Philip John Martin ("Martin") was tried for first-degree murder in 2012, but the jury, after marking on the verdict form it was "Unable to agree" on first-degree murder, convicted him of the lesser-included offense of second-degree murder. Following a successful appeal, Martin was retried and convicted of first-degree murder. Martin appeals that conviction and resulting sentence, arguing double jeopardy barred his second trial for first-degree murder because the first jury's inability to agree on first-degree murder constituted an implied acquittal.

         ¶2 We hold that double jeopardy did not bar Martin's second trial for first-degree murder. The first jury clearly and formally stated it was unable to agree on the greater charge of first-degree murder after it was instructed that it could proceed to consider the lesser charge if after reasonable efforts it was unable to unanimously agree on first-degree murder. This constituted a genuine deadlock permitting retrial on first-degree murder, rather than an implied acquittal barring retrial. Accordingly, we affirm Martin's conviction and sentence for first-degree murder.

         FACTS AND PROCEDURAL HISTORY

         ¶3 On appeal after the first trial, we held that the superior court had erred in refusing to give a crime prevention instruction, reversed Martin's conviction for second-degree murder, and remanded for a new trial. See State v. Martin, 1 CA-CR 13-0839, 2014 WL 7277831, * 1, ¶ 1 (Ariz. App. Dec. 23, 2014) (mem. decision). Before the second trial, the superior court granted the State's motion to retry Martin for first-degree murder.

         ¶4 The evidence at trial, viewed in the light most favorable to supporting the conviction, [1] showed that Martin and the victim were neighbors on a dirt road in Golden Valley. Martin routinely placed railroad ties and other debris on the road in front of his driveway to cover ruts that developed after rainstorms. On the day of the incident, the victim and a friend came upon these impediments in the road. After removing a railroad tie, the victim told his friend he was "gonna go ask why he keeps throwing stuff across the road." As the victim walked toward Martin's house, the friend saw a muzzle blast from the front window of Martin's house and saw the victim fall to the ground. The victim died of shotgun wounds to his abdomen from a single shotgun blast.

         ¶5 Martin admitted to the first deputy sheriff to arrive that he shot the victim. He told a detective and later testified that he did so because the victim ignored his demands to get off his property and he believed the victim was armed and was coming toward him to harm him.

         ¶6 The jury convicted Martin of first-degree murder, and the court sentenced him to natural life. Martin filed a timely notice of appeal. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and Arizona Revised Statutes sections 12-120.21(A)(1), 13-4031, and -4033(A).

         DISCUSSION [2]

         ¶7 Martin argues double jeopardy barred the State from trying him for first-degree murder after he had been convicted in the first trial of second-degree murder. Specifically, Martin argues the jury's inability to agree on ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.