NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. FELIX VALDEZ NORIEGA, Appellant. No. 1 CA-CR 18-0488 FILED 5-30-2019 Appeal from the Superior Court in Coconino County No. S0300CR201700742 The Honorable Dan R. Slayton, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Jennifer L. Holder Counsel for Appellee John Trebon, P.C., Flagstaff By John J. Trebon Counsel for Appellant STATE v. NORIEGA Decision of the Court MEMORANDUM DECISION Judge Kenton D. Jones delivered the decision of the Court, in which Presiding Judge Michael J. Brown and Judge Jon W. Thompson joined. J O N E S, Judge: ¶1 Felix Noriega appeals his convictions and sentences for kidnapping, armed robbery, aggravated assault, and disorderly conduct. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 On August 29, 2016, the victim took Noriega’s truck without permission.1 Noriega located the victim in the early morning hours of August 30, pistol-whipped him, forced him into the truck, and drove him to a tattoo parlor/vape shop. Once inside the shop, Noriega pushed the victim to the ground and then escorted him to a couch in the back. The victim sat on the couch while Noriega and others grabbed him by the hair, shouted at him, pointed a gun in his face, struck him multiple times, and threatened him with guns, a rope, and a knife. With a gun in hand, Noriega ordered the victim to empty his pockets, the contents of which Noriega promptly removed from the victim’s reach. The events were captured on surveillance video at the shop and expounded upon by the other participants. ¶3 After several hours, Noriega allowed the victim to leave. The victim immediately called 9-1-1 to report having been assaulted and his wallet and cell phone having been stolen. During their investigation, law enforcement officers found bloody paper towels and the victim’s wallet inside the tattoo parlor/vape shop. ¶4 Noriega was charged with kidnapping, armed robbery, and four counts of aggravated assault. The jury convicted Noriega of 1 “We view the facts in the light most favorable to sustaining the convictions with all reasonable inferences resolved against the defendant.” State v. Harm, 236 Ariz. 402, 404, ¶ 2 n.2 (App. 2015) (quoting State v. Valencia, 186 Ariz. 493, 495 (App. 1996)). 2 STATE v. NORIEGA Decision of the Court kidnapping, armed robbery, two counts of aggravated assault, and disorderly conduct as a lesser-included offense of a third count of aggravated assault.2 The trial court sentenced Noriega as a dangerous, non- repetitive offender to concurrent terms of imprisonment, the longest being 10.5 years. Noriega timely appealed, and we have jurisdiction pursuant to Arizona Revised Statutes (A.R.S.) §§ 12-120.21(A)(1),3 13-4031, and -4033(A)(1). DISCUSSION I. The Trial Court Did Not Abuse its Discretion in Denying Noriega’s Motion for Mistrial. ¶5 Noriega argues the trial court erred in denying ...
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