State v. Jones
1 CA-CR 16-0407
| Ariz. Ct. App. | May 25, 2017Background
- In December 2011, 13-year-old T.R. was sexually penetrated while asleep in a hotel room by her step‑mother’s brother, Darrick Jones.
- T.R. later reported the incident; during police interview Jones admitted he “did it.”
- A jury convicted Jones of sexual conduct with a minor (a dangerous crime against children) after a ten‑day trial.
- The trial court sentenced Jones as a non‑dangerous, non‑repetitive offender to a mitigated term of 14 years’ imprisonment, with 906 days’ presentence credit.
- On appeal, defense counsel filed an Anders brief asserting no non‑frivolous issues; the court conducted an independent record review.
- The court affirmed the conviction and sentence, finding no fundamental error and that proceedings complied with Arizona criminal procedure and statutory limits.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence | State: Record contains sufficient evidence for conviction beyond a reasonable doubt | Jones: (no specific non‑frivolous challenge identified) | Affirmed; evidence sufficient to support sexual conduct with a minor conviction |
| Right to counsel and presence at critical stages | State: Jones was represented and present throughout trial and critical stages | Jones: (no specific non‑frivolous challenge identified) | Affirmed; constitutional and procedural rights satisfied |
| Jury composition / misconduct | State: Jury properly constituted; no misconduct shown | Jones: (no specific non‑frivolous challenge identified) | Affirmed; twelve‑person jury, no record of misconduct |
| Sentencing procedure and statutory limits | State: Court considered evidence, allowed allocution, sentence within statutory range | Jones: (no specific non‑frivolous challenge identified) | Affirmed; court complied with sentencing rules and imposed lawful term |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1970) (procedures when appellate counsel seeks to withdraw on grounds of frivolity)
- State v. Leon, 104 Ariz. 297 (1969) (appellate court independent search for fundamental error)
- State v. Shattuck, 140 Ariz. 582 (1984) (counsel’s post‑appeal obligations and notice to defendant of options)
- State v. Conner, 163 Ariz. 97 (1990) (right to counsel)
- State v. Bohn, 116 Ariz. 500 (1977) (right to be present at critical stages)