State v. Torres

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. OSCAR RICHARD TORRES, Appellant. No. 1 CA-CR 17-0424 FILED 6-19-2018 Appeal from the Superior Court in Maricopa County No. CR2015-144313-001 The Honorable Michael W. Kemp, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Gracynthia Claw Counsel for Appellee Law Offices of Michael P. Denea PLC, Phoenix By Michael P. Denea, Aaron J. Moskowitz Counsel for Appellant STATE v. TORRES Decision of the Court MEMORANDUM DECISION Judge Jennifer B. Campbell delivered the decision of the Court, in which Presiding Judge Maria Elena Cruz and Judge James P. Beene joined. C A M P B E L L, Judge: ¶1 Oscar Richard Torres appeals his convictions and sentences for burglary in the first degree, armed robbery, aggravated assault, disorderly conduct, and kidnapping. For the following reasons, we affirm. FACTS AND PROCEDURAL BACKGROUND1 ¶2 On the evening of September 19, 2015, R.A. and J.V. (jointly, “Victims”) sat in R.A.’s fenced backyard, drinking and socializing. Shortly before 9:00 p.m., Torres and two other men entered the yard, uninvited, through a back gate. Brandishing guns, the three trespassers ordered Victims into the house. Rather than comply, R.A. urged J.V. to run, hoping he would be able to contact the police. Frightened, J.V. escaped over the fence and hid in a neighbor’s yard. The gunmen forced R.A. into the house and hit him after R.A. denied having any drugs, money, or any other valuables in the house. ¶3 As R.A. dripped blood, the gunmen escorted him through the house into a back bedroom. At that point, believing the gunmen had left and concerned for his friends’ welfare, J.V. returned. The gunmen forced both Victims to the bedroom floor, threatening to kill them. The gunmen again demanded money, drugs, and anything else of value, which R.A. denied having. One of the intruders hit him again with a gun. ¶4 Torres then held Victims at gunpoint while the other intruders searched the house for valuables. When those gunmen opened another bedroom door, however, and discovered a woman in the house, they “freaked out” and ran from the home. Once Torres realized his accomplices had fled, he also left. ¶5 Unarmed, Victims followed Torres and spotted him a short distance away, walking down the street away from the house while holding 1 We view the facts in the light most favorable to sustaining the verdicts. State v. Payne, 233 Ariz. 484, 509, ¶ 93 (2013). 2 STATE v. TORRES Decision of the Court a shotgun. When Torres realized Victims were pursuing him, he turned and fired a shot that hit the pavement and debris struck R.A.’s right leg. J.V. grabbed Torres by the neck and Victims eventually pushed Torres to the ground. Ultimately Torres was disarmed and J.V. held him at gunpoint until police officers arrived. ¶6 The ...

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