State v. Daron, 122117 AZAPP1, 1 CA-CR 16-0445

Docket Nº:1 CA-CR 16-0445
Opinion Judge:JONES, JUDGE
Party Name:STATE OF ARIZONA, Appellee, v. LLOYD JAMES DARON, JR., Appellant.
Attorney:Arizona Attorney General's Office, Phoenix By Elizabeth B. N. Garcia Counsel for Appellee Maricopa County Public Defender's Office, Phoenix By Lawrence Blieden Counsel for Appellant
Judge Panel:Presiding Judge Kenton D. Jones delivered the decision of the Court, in which Judge Jon W. Thompson and Judge Thomas C. Kleinschmidt joined.
Case Date:December 21, 2017
Court:Court of Appeals of Arizona
 
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STATE OF ARIZONA, Appellee,

v.

LLOYD JAMES DARON, JR., Appellant.

No. 1 CA-CR 16-0445

Court of Appeals of Arizona, First Division

December 21, 2017

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2015-144027-001 The Honorable Joan M. Sinclair, Judge

Arizona Attorney General's Office, Phoenix By Elizabeth B. N. Garcia Counsel for Appellee

Maricopa County Public Defender's Office, Phoenix By Lawrence Blieden Counsel for Appellant

Presiding Judge Kenton D. Jones delivered the decision of the Court, in which Judge Jon W. Thompson and Judge Thomas C. Kleinschmidt 1 joined.

MEMORANDUM DECISION

JONES, JUDGE

¶1 Lloyd James Daron, Jr., appeals his convictions and sentences for burglary in the second degree and criminal trespass in the first degree. For the following reasons, we affirm Daron's convictions and affirm his sentences as modified.

FACTS

2

AND PROCEDURAL HISTORY

¶2 In September 2015, the victim was returning home from lunch around 11:30 a.m. when he turned onto his street and saw his dogs running loose. Arriving at his house, the victim saw his front door open and an unknown red bicycle in his laundry room. As the victim was looking at the bike, he was surprised by a man, who told him not to touch his bike. The victim confronted the man, demanding to know why the bike was in his laundry room. The man claimed he was painting sidewalks and tried to leave with his bike. The victim, realizing his home had been burglarized, tried to stop the man and grabbed the bike. The man pushed the victim off and hit him in the chest. As the man rode away on the bike, the victim yelled for help and called the police.

¶3 When the police arrived, the victim provided a description of Daron - an African-American male, thirty-five years old, muscular, around five feet eleven inches tall, wearing glasses and a white sleeveless shirt. Twenty to thirty minutes later, an officer asked the victim to identify a suspect the officer believed to be the burglar. The officer drove the victim to the location where Daron was detained. Daron was near two police officers, and as the police car drove slowly by, the victim immediately identified Daron as the man who had burglarized his home. The victim felt confident in his identification because he recognized the man's face, body shape, glasses, and shirt.

¶4 During the commotion, two witnesses were outside smoking across the street from the victim's house, heard the victim shout for help, saw an African-American man push and elbow the victim, and watched the man ride away on what they thought to be a stolen bike. The witnesses got into a truck and followed the fleeing bicyclist. They drove down a different street than the bicyclist to catch up with him, losing sight of him for ten to fifteen seconds. When they regained a visual, one of the witnesses testified he knew it was the same person because: (1) the bike and bags on the bike were identical, (2) the bicyclist's route would have only allowed the bicyclist to end up where the witnesses regained sight of him, and (3) the witnesses only lost sight of the bicyclist for a short period of time.

¶5 The bicyclist turned into an alley, and the witnesses followed from about five to ten feet behind him. One witness testified he was "close enough that when [the bicyclist] looked back [the witness] was able to see him." The bicyclist then jumped over a wall and disappeared from the witnesses' sight. After returning to the victim's house, the witnesses each provided descriptions of the fleeing bicyclist to police. The first witness described the bicyclist as an African-American male, about six feet tall, roughly 180 pounds with a muscular build, wearing a hat, shorts, shirt, and gloves. The second witness described the bicyclist as a tall, African-American male in his thirties wearing a baseball hat, shorts, and a white shirt.

¶6 Daron was apprehended by police when a second victim found Daron in his laundry room and yelled to the police patrolling nearby. Twenty minutes to an hour after the witnesses returned to victim's home, the police officers asked each witness to do a drive-by identification to confirm or deny the identity of a suspect. At separate times, a police officer drove the two witnesses by Daron while he was standing near two other police officers. The police car was approximately five to ten feet away from the suspect and going roughly five to ten miles per hour. After the victim made his identification and before the first witness left for his, the victim told the witness, "yes, that's him." The first witness said, "as soon as I saw him, I knew that was the person I had seen that day, " and was "[one] hundred percent sure" of his identification. He also described the drive-by identification as, "[w]hen I looked at the person, I saw in the face, it was the same face I had seen. It was the eyes were just distinctive to me."

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