Appeal
from the Superior Court in Maricopa County No.
CR2017-152837-001 The Honorable Colleen L. French, Judge Pro
Tempore Retired.
Arizona Attorney General's Office, Phoenix By Casey Ball
Counsel for Appellee.
Maricopa County Public Defender's Office, Phoenix By
Kevin D. Heade Counsel for Appellant.
Judge
Kent E. Cattani delivered the opinion of the Court, in which
Presiding Judge Maria Elena Cruz and Judge Samuel A. Thumma
joined.
OPINION
CATTANI, JUDGE.
¶1
Levi A. Giannotta appeals from his convictions and sentences
for theft and third-degree burglary. Giannotta challenges the
superior court's admission of certain hearsay evidence
that, in his view, was critical to the convictions. We hold
that the evidence was properly admitted under the hearsay
exception for recorded recollections, and we clarify that a
jointly constructed recorded recollection-e.g., one person
makes an oral statement, another writes it down-may be
admitted under this exception if each person involved in
creating the record testifies to performing his or her role
accurately. Accordingly, and for reasons that follow, we
affirm.
FACTS
AND PROCEDURAL BACKGROUND
¶2
In October 2017, the victim purchased a new AR-15
semiautomatic rifle and posted a picture of it on social
media. Within a week, Giannotta, who was acquainted with the
victim through a mutual friend, messaged the victim on social
media asking to go to the shooting range. The two arranged to
meet in the parking lot of an apartment complex in Glendale.
¶3
The victim arrived first, and Giannotta drove up soon
thereafter. When Giannotta asked to see the gun, the victim
opened his car trunk and showed Giannotta the rifle, still in
its box, with a magazine and 20 rounds of ammunition. The
victim then went back to the passenger compartment to look
for his phone, and when he turned back, the rifle was no
longer in the trunk and Giannotta was getting in his car to
drive away.
¶4
Unable to follow Giannotta quickly enough, the victim went
home to retrieve his receipt, which listed the rifle's
serial number, and he then called the Glendale Police
Department to report the theft. He first gave Giannotta's
name and the make and model of his car, then called back to
provide Giannotta's birthdate. An officer called the
victim back later that day to take a formal report, at which
point the victim provided the rifle's serial number.
¶5
About two weeks later, police officers located Giannotta at a
Glendale residence. After being read
Miranda[1] warnings, Giannotta denied knowing
anything about the stolen rifle and denied meeting the victim
two weeks earlier. Police officers then executed a warrant to
search the residence, where they found an AR-15 rifle, still
in its box, along with a magazine containing 20 rounds of
ammunition. The serial number on the rifle matched the one
provided by the victim.
¶6
Giannotta was arrested and charged with theft and third-
degree burglary. He was tried in absentia, and a jury found
him guilty as charged. After Giannotta was again arrested,
the court sentenced him as a category three repetitive
offender to concurrent, presumptive terms of imprisonment,
the longest of which is 10 years.
¶7
Giannotta timely appealed, and we have jurisdiction under
...