State v. Ortega
1 CA-CR 16-0047
| Ariz. Ct. App. | Nov 15, 2016Background
- Inmate Ernie Ortega, while housed at Arizona State Prison Complex–Dakota (referred to at trial as the "Yuma prison"), struck Correctional Officer GG during an interaction on December 13, 2013.
- Officer GG suffered facial injuries and Ortega was subdued with pepper spray; Special Investigator JS prepared an incident report locating the event in San Luis, Arizona.
- Ortega was charged with aggravated assault on a correctional officer, waived a jury, and was tried in Yuma County Superior Court.
- At trial witnesses consistently testified the incident occurred at the Arizona state prison in Yuma; Ortega moved for acquittal under Ariz. R. Crim. P. 20 asserting jurisdiction was not established.
- The trial court denied the Rule 20 motion, convicted Ortega, and sentenced him to the presumptive 2.25-year term; Ortega appealed solely on the jurisdictional issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether territorial jurisdiction (location) must be proved beyond a reasonable doubt and was proven here | Ortega: location in Yuma County not proven beyond a reasonable doubt; subject-matter jurisdiction is an element and its absence is structural error | State: location is venue (not subject-matter jurisdiction) and may be shown by preponderance; in any event witnesses and report establish location | Court: Not a structural error case; testimony and report (plus judicially-noticeable fact that San Luis is in Yuma County) sufficiently established location/venue; conviction affirmed |
Key Cases Cited
- Neder v. United States, 571 U.S. 1 (structural error framework and limited class of structural defects)
- State v. Valverde, 220 Ariz. 582 (discussing structural error in Arizona)
- State v. Ring, 204 Ariz. 534 (examples of structural errors)
- State v. Willoughby, 181 Ariz. 530 (distinguishing territorial jurisdiction proof beyond a reasonable doubt from venue proof by preponderance)
- State v. Arredondo, 155 Ariz. 314 (standard for viewing evidence on appeal)
- In re Sabino R., 198 Ariz. 424 (judicial notice under Ariz. R. Evid. 201)