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STATE v. MAYO, 1 CA-CR 13-0310. (2014)

Court: Court of Appeals of Arizona Number: inazco20140408005 Visitors: 19
Filed: Apr. 08, 2014
Latest Update: Apr. 08, 2014
Summary: NOT FOR PUBLICATION UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED. MEMORANDUM DECISION THOMPSON, Judge. 1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 , 451 P.2d 878 (1969). Counsel for Gary Gene Mayo (defendant) has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law and has
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NOT FOR PUBLICATION

UNDER ARIZ. R. SUP. CT. 111(c), THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.

MEMORANDUM DECISION

THOMPSON, Judge.

¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Gary Gene Mayo (defendant) has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, but he has not done so.

¶2 An argument erupted between defendant and J.F. following an avoided car accident in the parking lot of a strip mall. Defendant and J.F. exited their respective vehicles and began arguing. Defendant punched J.F. A third-party intervener attempted to break up the altercation, and J.F. started walking back to his vehicle but collapsed and began to make a "snoring" noise. Defendant moved to where J.F. was laying, believing that he was "faking" his injuries, and proceeded to kick him in the head. Defendant stopped once he noticed J.F. had become unresponsive. J.F. was transported to a hospital where he was later pronounced dead.

¶3 J.F.'s primary physician, his cardiologist, the medical examiner, and an expert medical witness testified at trial as to J.F.'s health and the cause of death. J.F. had multiple medical conditions which could have caused him to suffer from "sudden cardiac death"1 including cardiovascular disease and scarring of the heart muscle tissue. Being assaulted aggravated J.F.'s atherosclerotic hypertensive cardiovascular disease, causing him to die of cardiac arrest.

¶4 The state charged defendant with one count of second-degree murder, a class 1 felony. A jury convicted defendant of the lesser offense of manslaughter, a class 2 felony. The trial court sentenced defendant to an aggravated term of 12.5 years imprisonment and gave him 622 days of presentence incarceration credit.

¶5 We have read and considered defendant's Anders brief, and we have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end. Defendant has thirty days from the date of this decision in which to proceed, if he so desires, with an in propria persona motion for reconsideration or petition for review.

¶6 We affirm the conviction and sentence.

FootNotes


1. "Sudden cardiac death" is when "the electrical control of the heart stops .. . [and] there's no [longer any] effective electrical activity that is stimulating the heart muscle to beat."
Source:  Leagle

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