State v. Barr

904 P.2d 1258, 183 Ariz. 434, 190 Ariz. Adv. Rep. 13, 1995 Ariz. App. LEXIS 113
CourtCourt of Appeals of Arizona
DecidedMay 16, 1995
Docket1 CA-CR 93-0275
StatusPublished
Cited by23 cases

This text of 904 P.2d 1258 (State v. Barr) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Barr, 904 P.2d 1258, 183 Ariz. 434, 190 Ariz. Adv. Rep. 13, 1995 Ariz. App. LEXIS 113 (Ark. Ct. App. 1995).

Opinions

OPINION

VOSS, Judge.

Appellant Joel Kenton Barr was convicted after a jury trial of one count of third-degree criminal trespass, a class 3 misdemeanor, and one count of resisting arrest, a class 6 felony. The trial court sentenced Appellant to time served for the trespassing conviction, and placed Appellant on three years probation for the resisting arrest conviction. Appellant appeals his convictions and sentences to. this court. We affirm.

FACTS AND PROCEDURAL HISTORY

We view the facts in the light most favorable to sustaining the jury verdict. State v. Atwood, 171 Ariz. 576, 596, 832 P.2d 593, 613 (1992), cert. denied, 506 U.S. 1084, 113 S.Ct. 1058,122 L.Ed.2d 364 (1993).

[437]*437Appellant, as president of the Show Low Pines Water Utility Corporation, applied for a Certificate of Convenience and Necessity from the Arizona Corporation Commission. A Commission hearing on this matter was scheduled for 9:30 a.m. on October 22, 1992, before hearing officer Mark Stern. Minutes after 9:30 a.m., Stern had not yet arrived in the designated hearing room, prompting Appellant to go to Stem’s office to ask when the hearing would begin. Stem replied, “When I get in the room.” Appellant returned to the hearing room and announced to those present that he had a 10:00 a.m. appointment at a cable television company. He then left the building without requesting a continuance.' Soon thereafter, the hearing began and Appellant’s application was deemed defaulted in his absence.

That same day, Petitioner returned to the Commission hearing room around noon. Beth Ann Burns, the chief hearing officer, entered the room and asked Appellant whether she could be of assistance. In a raised voice, Appellant indicated that he wanted the hearing to be convened. After Burns informed him that the hearing had occurred in his absence, Appellant complained that his rights were violated and then walked into an office shouting, ‘Where the hell is everybody?” Burns then asked Appellant to leave, but he did not acknowledge this request and continued “hollering.” At Burns’s request, the Capitol police were called. Bums asked Appellant to leave three more times, after which he left the office and sat on a couch in a hallway.

When the two responding officers arrived, Appellant was advised that he no longer had any business in the building and was asked to leave the premises at least three times. Ultimately, he was told that he would be arrested if he did not leave, to which he responded, “Go ahead and arrest me.” When the officers attempted to place Appellant under arrest for trespassing, he resisted by moving his hands and refusing to hold them behind his back. Appellant also was holding a portable telephone at the time, which one of the officers attempted to remove partly because he feared Appellant might use it as a weapon.

A third officer arrived. At this time, Appellant’s arms were locked in front of him and he was “jerking back and forth, trying to resist the efforts of the officers.” Attempting to assist with this arrest, the third officer grabbed one of Appellant’s arms so that it could be handcuffed. The three officers and Appellant then fell to the floor. Appellant looked at the third officer and kicked him in the thigh. Finally, Appellant was subdued and arrested.

Appellant was charged with third-degree criminal trespass, disorderly conduct, and resisting arrest. After a jury trial, he was convicted of trespassing and resisting arrest, but acquitted of disorderly conduct. He was sentenced to time served for the trespassing conviction and placed on three years probation for the resisting arrest conviction. In addition, Appellant was ordered to perform 100 hours of community service.

Appellant timely appealed to this court, and raises the following five arguments: (1) That there was insufficient evidence to support his convictions; (2) that the trial court abused its discretion by admitting evidence of two prior acts; (3) that the trial court erred by excluding evidence offered to show his state of mind; (4) that the trial court erred by denying his motion for a mistrial because of judicial bias and prejudice; and (5) that the trial court erred by refusing to give his proposed jury instruction.

DISCUSSION

A Sufficiency of the Evidence.

At the close of the State’s case, Appellant contended that the State’s evidence was insufficient to support a conviction and moved for a judgment of acquittal on all counts pursuant to Rule 20(a), Arizona Rules of Criminal Procedure (“Rule 20(a)”). The trial court denied this motion. On appeal, Appellant contends that the trial court erred by denying this motion because the State did not present substantial evidence to sustain his convictions of third-degree criminal trespass and of resisting arrest. We disagree.

Rule 20(a) requires the trial court to enter a judgment of acquittal “if there is [438]*438no substantial evidence to warrant a conviction.” State v. Landrigan, 176 Ariz 1, 4, 859 P.2d 111, 114 (1993), cert. denied, — U.S. -, 114 S.Ct. 334, 126 L.Ed.2d.279 (1993); State v. Fodor, 179 Ariz. 442, 451, 880 P.2d 662, 671 (App.1994). If reasonable persons may fairly differ as to whether evidence establishes a fact in issue, such evidence is substantial. Landrigan, 176 Ariz. at 4, 859 P.2d at 114; Fodor, 179 Ariz. at 451, 880 P.2d at 671.

1. Third-Degree Criminal Trespass.

Appellant raises three arguments to challenge the sufficiency of the evidence supporting his conviction of third-degree criminal trespass. He contends: (1) That the trespass statute applies only to private property; (2) that there was no evidence showing that he entered or remained “unlawfully” at the Corporation Commission; and (3) that his trespass conviction is inconsistent with his acquittal on the charge of disorderly conduct. All three arguments are meritless.

Appellant’s first argument involves statutory construction. Arizona Revised Statutes Annotated (“A.R.S.”) section 13-1502(A) (1989) defines third-degree criminal trespass as follows:

A. A person commits criminal trespass in the third degree by:
1. Knowingly entering or remaining unlawfully on any real property after a reasonable request to leave by the owner or any other person having lawful control over such property, or reasonable notice prohibiting entry.

When construing a statute, we look to the statutory language and give effect to the words and phrases in accordance with their commonly accepted meaning unless the legislature has offered its own definitions or a special meaning is apparent from the context. AR.S. § 1-213 (1994); State v. Reynolds, 170 Ariz. 233, 234, 823 P.2d 681, 682 (1992).

Based upon our examination of the plain language of A.R.S. section 13-1502(A), we conclude that it applies to both private and public property. There is no indication in the statute or elsewhere that the legislature intended to limit this criminal trespass statute solely to private property. The legislature could have distinguished between private and public property, but did not; rather, it used the phrase “any real property” in the definition of this offense.

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State v. Barr
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Cite This Page — Counsel Stack

Bluebook (online)
904 P.2d 1258, 183 Ariz. 434, 190 Ariz. Adv. Rep. 13, 1995 Ariz. App. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-barr-arizctapp-1995.