State v. Pledger

341 P.3d 511, 236 Ariz. 469, 2015 WL 132855, 2015 Ariz. App. Unpub. LEXIS 22, 2015 Ariz. App. LEXIS 315
Court of Appeals of Arizona·Decided January 8, 2015·No. 1 CA-CR 12-0604·Published·Cited by 10 cases

Opinion

OPINION

GEMMILL, Judge.

¶ 1 We are asked to determine whether an aggravated assault conviction may be enhanced under Arizona Revised Statutes (AR.S.) section 13-1204 for having been committed on a peace officer absent an express finding that the defendant knew the victim was a peace officer. Because we agree that the defendant’s knowledge that the victim was a peace officer is not an element of the offense, we affirm Appellant Jermaine Pledger’s conviction and sentence. 1

BACKGROUND 2

¶2 Pledger sought to purchase approximately 170 pounds of marijuana from “Ruiz.” Ruiz, led by Pledger, drove a car containing the marijuana into a residential garage. Pledger closed the garage door and as Ruiz walked into the house, another person put a handgun in Ruiz’s chest and told him it was “a rip,” meaning they were going to steal the marijuana. Pledger and two other armed men then held Ruiz in the residence at gunpoint. They were unaware at that point that Ruiz was a paid informant working with an undercover police officer who was observing the residence from an unmarked ear parked up the street.

¶ 3 When the opportunity arose, Ruiz fled through the back door of the residence. The three kidnappers then fled from the house; Pledger and one accomplice left in Pledger’s ear; and the third accomplice fled in Ruiz’s car with the marijuana.

¶ 4 Ruiz ran to the undercover officer and informed him it was a “drug rip.” The two then pursued Pledger’s vehicle and eventually found it stopped in an industrial cul-de-sac. The officer stopped his vehicle near the cul-de-sac, retrieved a bullet-proof vest from the trunk, and put it on in a manner that he hoped would allow Pledger and his accomplice to see the word “POLICE” emblazoned in yellow letters on the vest to discourage Pledger and his accomplice from taking any action against them.

¶ 5 After the officer got back in his vehicle, Pledger drove straight at him. As Pledger’s car approached, Pledger lowered his driver’s window, held a gun out the window, and pointed it at the officer. Although the officer feared that Pledger would shoot, Pledger drove past the officer’s vehicle without firing. Other officers eventually apprehended Pledger.

AGGRAVATED ASSAULT AS A CLASS TWO FELONY

¶ 6 Pledger argues the jury could not convict him of aggravated assault as a class two felony because the State failed to prove that Pledger knew the undercover officer was a peace officer engaged in the execution of *471 official duties. We disagree because the statutes at issue here — A.R.S. §§ 13-1204(A)(2) and -1204(E) — do not require such proof.

¶ 7 To convict Pledger of aggravated assault as charged, the State was required to prove that Pledger intentionally placed the victim in reasonable apprehension of imminent physical injury and that he did so with the use of a deadly weapon. AR.S. § 13-1204(A)(2). To enhance that offense from a class three felony to a class two felony under A.R.S. § 13-1204(E), the State also had to prove the victim was a peace officer engaged in the execution of official duties:

Aggravated assault pursuant to subsection A, paragraph 1 or 2 of this section committed on a peace officer while the officer is engaged in the execution of any official duties is a class 2 felony.

(Emphasis added).

¶ 8 Interpretation of a statute is a question of law we review de novo. See Zamora v. Reinstein, 185 Ariz. 272, 275, 915 P.2d 1227, 1230 (1996). When interpreting a statute, we look to the plain language of the statute as the best indicator of the drafter’s intent. Id. We give the words and phrases of the statute their commonly accepted meaning unless the drafters provide special definitions or a special meaning is apparent from the text. State v. Barr, 183 Ariz. 434, 438, 904 P.2d 1258, 1262 (App.1995). If the language is clear and unambiguous, we give effect to that language and do not employ other methods of statutory construction. State v. Riggs, 189 Ariz. 327, 333, 942 P.2d 1159, 1165 (1997). Additionally, “[i]n construing a legislative enactment, we apply a practical and eommonsensical construction.” State v. Alawy, 198 Ariz. 363, 365, ¶ 8, 9 P.3d 1102, 1104 (App.2000).

¶ 9 We conclude the language of the applicable statutes is clear and unambiguous. In State v. Gamez, 227 Ariz. 445, 450, ¶ 30, 258 P.3d 263, 268 (App.2011), this court noted that “[w]hen the legislature intends that the mens rea apply to the status of the victim, it says so explicitly.” The Gamez court found that the Arizona statute criminalizing sexual conduct with a minor did not require proof that a defendant knew the victim was under 18 at the time of the offense, and thus upheld the defendant’s conviction notwithstanding the absence of a finding that the defendant knew the victim was under age 18. Id. at 451, ¶ 38,258 P.3d at 269.

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State v. Pledger, 341 P.3d 511, 236 Ariz. 469, 2015 WL 132855, 2015 Ariz. App. Unpub. LEXIS 22, 2015 Ariz. App. LEXIS 315 (Ark. Ct. App. 2015).

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