State v. Cabrera
1 CA-CR 16-0595
Ariz. Ct. App.Jun 13, 2017Background
- Cabrera was found outside a closed reception hall sharing a hotel parking area and claimed he was not trespassing.
- Officer arrested Cabrera for trespassing when he refused to leave the property.
- At the precinct, officers could not locate authorization to arrest trespassers and Cabrera was released.
- Minutes later, Cabrera caused damage to the precinct’s area (window, car, roof tiles) and was rearrested after confrontational remarks.
- A jury convicted Cabrera of criminal damage (class 5 felony) and criminal trespass (class 3 misdemeanor); the court later corrected the sentence entries to reflect presumptive terms and statutory bases.
- The sentencing minute entries contained three errors, which the court corrected on appeal; Cabrera had one prior felony conviction for sentencing purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for convictions | State presented substantial evidence | Cabrera challenges sufficiency and related conduct | Evidence supports the verdicts |
| Corrections to sentencing entries | Corrections needed to reflect presumptive term and correct statutes | Corrections appropriate and within appellate power | Sentencing entries corrected on appeal |
Key Cases Cited
- State v. Leon, 451 P.2d 878 (Ariz. 1969) (fundamental error review; not frivolous on appeal)
- State v. Guerra, 778 P.2d 1185 (Ariz. 1989) (evidence in light most favorable to sustaining verdicts)
- State v. Shattuck, 684 P.2d 154 (Ariz. 1984) (discipline on appeal; standard for reviewing claims)