State v. Frazer, 090319 AZAPP1, 1 CA-CR 18-0493

Docket Nº:1 CA-CR 18-0493
Opinion Judge:MCMURDIE, JUDGE
Party Name:STATE OF ARIZONA, Appellee, v. WANSFORD EUGENE FRAZER, Appellant.
Attorney:Arizona Attorney General's Office, Phoenix By Michael F. Valenzuela Counsel for Appellee The Stavris Law Firm PLLC, Scottsdale By Alison Stavris Counsel for Appellant
Judge Panel:Judge Paul J. McMurdie delivered the decision of the Court, in which Presiding Judge Kenton D. Jones and Judge Maria Elena Cruz joined.
Case Date:September 03, 2019
Court:Court of Appeals of Arizona
 
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STATE OF ARIZONA, Appellee,

v.

WANSFORD EUGENE FRAZER, Appellant.

No. 1 CA-CR 18-0493

Court of Appeals of Arizona, First Division

September 3, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2017-002978-001 The Honorable Lauren R. Guyton, Judge Pro Tempore

Arizona Attorney General's Office, Phoenix By Michael F. Valenzuela Counsel for Appellee

The Stavris Law Firm PLLC, Scottsdale By Alison Stavris Counsel for Appellant

Judge Paul J. McMurdie delivered the decision of the Court, in which Presiding Judge Kenton D. Jones and Judge Maria Elena Cruz joined.

MEMORANDUM DECISION

MCMURDIE, JUDGE

¶1 Wansford Eugene Frazer appeals his conviction and sentence for the destruction of or injury to a public jail. For the following reasons, we affirm.

FACTS AND PROCEDURAL BACKGROUND1

¶2 On the evening of June 20, 2017, Detention Officers Espinoza and Tarango began distributing evening meals to inmates housed in Tower 23 of the Lower Buckeye Jail. Due to a shortage, however, the detention officers were unable to provide every inmate with a meal, including Frazer. While they waited for more meals to arrive, the detention officers began distributing items purchased ("canteen") by the inmates. Because Frazer did not have a canteen delivery scheduled, the detention officers passed by his cell and continued to deliver canteen to cells adjacent to his. As they did so, both officers heard a "loud pop" from the vicinity of Frazer's cell and went to investigate.

¶3 When they arrived, they noticed that the pane of the cell's window was cracked and that Frazer, the cell's only occupant, was standing next to the cell door. After transferring Frazer to another cell, Tarango documented the damage.

¶4 The following day, Espinoza reviewed the security camera footage taken during the incident. The footage shows Espinoza delivering canteen to the cell next to Frazer's before beginning to leave the area. Frazer, seen lying on his cell's bed, then rapidly strikes the glass pane of the cell window two times. As Espinoza...

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