State v. McGhee
1 CA-CR 16-0385
| Ariz. Ct. App. | May 2, 2017Background
- Officers responded to a neighbor’s report of a possible burglary and apprehended Quinel James McGhee nearby minutes later.
- At the house, officers observed an open second-story window accessible from the backyard and found a black suitcase in the backyard containing electronics, jewelry, and the victim’s property.
- The victim identified the items as his and stated they had been inside the house before he left for work that morning.
- McGhee’s mobile phone was found in the suitcase and his fingerprints were on a desktop computer monitor.
- McGhee was charged with second-degree burglary, convicted by a jury, stipulated he was on probation at the time, and received a presumptive sentence of 6.5 years with 356 days’ presentence credit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence to support burglary conviction | State: Direct and circumstantial evidence (property ID, fingerprints, phone) support conviction | McGhee: (no arguable issues raised on appeal) | Court: Evidence sufficient; jury could convict. |
| Trial fairness and procedural sufficiency | State: Trial conducted properly; defendant present and represented; jury instructions correct | McGhee: (no claim raised) | Court: No reversible error; fair trial. |
| Voluntariness of statements to police | State: No indication statements were involuntary | McGhee: (no claim raised; record lacked request for voluntariness hearing) | Court: No issue apparent; voluntariness not in question. |
| Judgment language error (clerical) | State: Judgment should reflect actual disposition | McGhee: Judgment incorrectly states he entered a guilty plea | Court: Affirm conviction and sentence but modify judgment to state conviction by jury rather than guilty plea. |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedures when appellate counsel finds appeal frivolous)
- Smith v. Robbins, 528 U.S. 259 (2000) (counsel’s duties in appeals of right when appointed counsel finds appeal frivolous)
- State v. Leon, 104 Ariz. 297 (1969) (appellate review when counsel asserts no non-frivolous issues)
- State v. Clark, 196 Ariz. 530 (App. 1999) (Anders-type procedures in Arizona appellate practice)
- State v. Smith, 114 Ariz. 415 (1977) (voluntariness of statements standard)
- State v. Finn, 111 Ariz. 271 (1974) (voluntariness and related hearing principles)
- State v. Fontes, 195 Ariz. 229 (App. 1998) (viewing facts in light most favorable to sustaining jury verdict)
- State v. Shattuck, 140 Ariz. 582 (1984) (counsel’s post-appeal notice and client notification obligations)