from the Superior Court in Maricopa County, No.
CR2017-152837-001, The Honorable Colleen L. French, Judge
Pro Tempore Retired . AFFIRMED
Arizona Attorney Generals Office, Phoenix, By Casey Ball,
Counsel for Appellee
Maricopa County Public Defenders Office, Phoenix, By Kevin
D. Heade, Counsel for Appellant
Cattani Judge delivered the opinion of the Court, in which
Presiding Judge Maria Elena Cruz and Judge Samuel A. Thumma
Levi A. Giannotta appeals from his convictions and sentences
for theft and third-degree
burglary. Giannotta challenges the superior courts 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
In October 2017, the victim purchased a new AR-15
semi-automatic 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.
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
Unable to follow Giannotta quickly enough, the victim went
home to retrieve his receipt, which listed the rifles serial
number, and he then called the Glendale Police Department to
report the theft. He first gave Giannottas name and the make
and model of his car, then called back to provide Giannottas
birthdate. An officer called the victim back later that day
to take a formal report, at which point the victim provided
the rifles serial number.
About two weeks later, police officers located Giannotta at a
Glendale residence. After being read Miranda
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.
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 ...