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Crouched by the driver s side of the Chevy was a Hispanic male. were returning home when they noticed a Chevy Impala or Malibu parked the wrong direction along the side of the street. s testimony was corroborated by four other S.J. a nine-millimeter They also found a cell phone and charger in the same location. During their investigation, police found consistent three shell casings, with gun, in the area where N.N. died shortly after arriving at the hospital. lying on the curb with a gunshot wound to the neck. Acuna then walked back to his car and quickly drove away. testified that Acuna s Cadillac pulled up behind them, Acuna walked in front of her vehicle, shouted at N.N., displayed a handgun, and shot three times at N.N.
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sitting in the front seat on the driver s side and N.N. Afterwards, they continued their conversation, with A.G. the to a different area in the neighborhood and had an intimate moment. s sister saw them in the Chevrolet time, Malibu A.G. 3 The jury was not informed of Acuna s prior convictions or incarceration and instead was told that Acuna was out of town when N.N. Disposition of the weapons charge is not at issue in this appeal. s 2 Prior to trial, the court granted Acuna s motion to sever the weapons misconduct charge from the murder charge. in a parking lot across from the house because A.G. went inside the house and retrieved a cell phone charger so A.G. Afterwards, In an effort to prolong his time with her, N.N. went to a water park together on Jeven though she was planning to see Acuna later that evening. ♥ Despite the escalating tension and violence, A.G. contacted her cousin, who assisted Acuna in purchasing a nine-millimeter gun.
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Acuna was released from prison he tried to When resume his relationship with A.G., causing significant tension between the three which often led to violent behavior. began a relationship with N.N 3 they too had a child together. and Acuna were in a Shortly after the birth of their child, Acuna was arrested and incarcerated for a crime unrelated to this matter. testified that she relationship and had a son together. 2 The following evidence was presented at trial. ) section 13-1105 (2010), 1 and one count of misconduct involving weapons, a class 4 felony, in 1 We cite the current version of the applicable statutes if no revisions material to this decision have since occurred. ♣ Acuna was charged by indictment with one count of first degree murder, a class 1 dangerous felony, in violation of Arizona Revised Statutes ( A.R.S. We view the facts in the light most favorable to sustaining the conviction and resolve all reasonable inferences against Acuna. ♢ Our obligation in this appeal is to review the entire record for reversible error. Acuna was afforded the opportunity to file a supplemental brief in propria persona, but has not done so.
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Finding no arguable issues to raise, counsel requests that this court search the record for fundamental error. from his conviction Acuna s counsel filed a California, 386 U.S. Gray, Deputy Legal Advocate Attorneys for Appellant Phoenix B R O W N, Judge ♡ Robert Villalobos Acuna appeals and sentence for second degree murder. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee Phoenix Bruce Peterson, Office of the Legal Advocate By Frances J. Welty, Judge AFFIRMED Terry Goddard, Arizona Attorney General By Kent E. 1 CA-CR 09-0415 DEPARTMENT C MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. URRY,CLERK BY: GH IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, Appellee, v. NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.