STATE v. STRAWDERMAN

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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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. NATHAN SHAWN STRAWDERMAN, Appellant. No. 1 CA-CR 19-0173 FILED 8-27-2020 Appeal from the Superior Court in Mohave County No. S8015CR201701505 The Honorable Richard D. Lambert, Judge AFFIRMED COUNSEL Arizona Attorney General's Office, Phoenix By Michael O'Toole Counsel for Appellee Mohave County Legal Advocate, Kingman By Jill L. Evans Counsel for Appellant STATE v. STRAWDERMAN Decision of the Court MEMORANDUM DECISION Presiding Judge David D. Weinzweig delivered the decision of the Court, in which Judge Jennifer M. Perkins and Judge James B. Morse Jr. joined. W E I N Z W E I G, Judge: ¶1 Nathan Shawn Strawderman appeals his convictions and sentences for two counts of aggravated assault by domestic violence. After searching the record and finding no arguable, non-frivolous question of law, Strawderman’s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asking this court to search the record for fundamental error. Strawderman had the opportunity to file a supplemental brief but did not. After reviewing the record, we affirm Strawderman’s convictions and sentences. FACTS AND PROCEDURAL BACKGROUND ¶2 Nathan Strawderman and Leslie Brown had an off-and-on romantic relationship, which got “very bad” when Strawderman moved into Brown’s residence. Brown asked Strawderman to move out several times. Undeterred, Strawderman proposed a bonfire to rekindle the relationship and became “irate” when Brown refused to sit by him. ¶3 Brown fled to a nearby casino and then returned home. Strawderman was there, waiting outside. He punched Brown several times in the face and took a bat she held for protection. Strawderman then beat Brown with the bat and threatened to kill her. Brown managed to escape, running back into the house. Another struggle ensued. Brown fell to the floor. Strawderman resumed beating her with the bat and kicking her. Brown eventually barricaded herself in a bedroom and called police. ¶4 Responding officers found Brown in the bedroom “hysterical[ly] crying.” She had bruising on her face, chest, arms, ribs and stomach. She could not walk. Police recovered the bat and arrested Strawderman. He was hiding outside in the brush. ¶5 Strawderman was indicted on two counts of kidnapping by domestic violence, class two dangerous felonies (Counts 1-2); four counts of aggravated assault by domestic violence, class three dangerous felonies 2 STATE v. STRAWDERMAN Decision of the Court (Counts 3-6); and two counts of aggravated assault by domestic violence, class six felonies (Counts 7-8). The State alleged the offenses were committed on separate occasions. See A.R.S. §§ 13-703(A), -704(F). It also alleged aggravating circumstances under A.R.S. § 13-701(D)(1) (infliction or threatened infliction of serious physical injury), (D)(2) (use or threatened use of a dangerous instrument) and (D)(9) (victim suffered physical, emotional or financial harm). ¶6 Before trial, the State moved for and the court dismissed Count 4 with prejudice. The State presented five witnesses at trial, including four police officers and Brown. At the close of the State’s case, Strawderman moved for acquittal on all counts under Arizona Rule of Criminal Procedure 20. The court granted the motion on Count 1 but otherwise denied it. Strawderman did not testify or call any witnesses. The jury acquitted Strawderman on Counts 2, 3, 5 and 6, but convicted him on Counts 7 and 8, aggravated assault by domestic violence where the victim’s ability to resist was substantially impaired. See A.R.S. §§ 13-1204(A)(4), 3601(A)(6). ¶7 The State withdrew its multiple offenses on separate occasions allegation before submitting the aggravators to the jury, which found all three for both guilty verdicts. The court sentenced Strawderman to concurrent one-year probation terms and imposed several assessments and fees. As a condition of probation, the court also sentenced Strawderman to 519 days’ time-served in the county jail. Strawderman timely appealed. We have jurisdiction under Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-4031 and 4033(A)(1). DISCUSSION ¶8 We have read and considered counsel’s brief and have reviewed the record for reversible error. See Leon, 104 Ariz. at 300. We find none. ¶9 Strawderman was present and represented by counsel at all stages of the proceedings against him. The record reflects that the superior court afforded Strawderman all his constitutional and statutory rights, and that the proceedings were conducted in accordance with the Arizona Rules of Criminal Procedure. The court conducted appropriate pretrial hearings, and the evidence presented at trial and summarized above was sufficient to support the jury’s verdicts. Strawderman’s sentences fall within the 3 STATE v. STRAWDERMAN Decision of the Court range prescribed by law, with sufficient credit given for presentence incarceration. CONCLUSION ¶10 Strawderman’s convictions and sentences are affirmed. Counsel’s obligations in this appeal will end once Strawderman is informed of the outcome and his future options, unless counsel finds an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85 (1984). On the court’s own motion, Strawderman has 30 days from the date of this decision to proceed with a pro se motion for reconsideration or petition for review. AMY M. WOOD • Clerk of the Court FILED: AA 4

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