State of Arizona v. Guillermo C. Becerra
231 Ariz. 200
Ariz. Ct. App.2013Background
- Becerra was stopped for a nonworking right taillight and subjected to field sobriety tests after Deputy Carpenter observed indicators of possible stimulant impairment.
- A.R.S. § 28-925 governs tail lamps; Becerra challenged the stop as illegal under Fourth Amendment grounds.
- A bench trial resulted in convictions for driving with a prohibited drug in the body and aggravated driving with a prohibited drug in the body; other DUI counts were acquitted.
- Becerra moved to suppress the stop; the trial court denied the motion, and he was subsequently sentenced to probation with suspended imprisonment.
- Becerra argued his state right to a jury trial was violated by an invalid waiver, and he appealed on suppression, jury-trial waiver, and double-jeopardy grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was the stop justified by reasonable suspicion? | Becerra | Becerra | Stop reasonable; suppression denied |
| Was the jury-trial waiver valid under Rule 18.1(b)? | Becerra | State | Waiver invalid; new trial required |
| Does double jeopardy bar retrial after reversal for jury-trial waiver error? | Becerra | State | Remand for new trial; potential curative considerations if repeated |
Key Cases Cited
- State v. Gay, 214 Ariz. 214, 150 P.3d 787 (Ariz. App. 2007) (abuse of discretion standard for suppression rulings)
- State v. Fornof, 218 Ariz. 74, 179 P.3d 954 (Ariz. App. 2008) ( Fourth Amendment seizure defined; reasonable suspicion standards)
- State v. Teagle, 217 Ariz. 17, 170 P.3d 266 (Ariz. App. 2007) (reasonable suspicion and investigative stops analysis)
- Mendoza-Ruiz v. State, 225 Ariz. 473, 240 P.3d 1235 (Ariz. App. 2010) (community caretaking function in vehicle stops)
- State v. Organ, 225 Ariz. 43, 234 P.3d 611 (Ariz. App. 2010) (public safety considerations support stop as reasonable)
- Innes v. State, 227 Ariz. 545, 260 P.3d 1110 (Ariz. App. 2011) (structural error when waiver of jury trial is not properly obtained)
- State v. Offing, 113 Ariz. 287, 551 P.2d 556 (Ariz. 1976) (remand for new trial where waiver defective)
- State v. Baker, 217 Ariz. 118, 170 P.3d 727 (Ariz. App. 2007) (remand for new trial when jury waiver record insufficient)