State v. Massey, 122418 AZAPP2, 2 CA-CR 2018-0030

Docket Nº:2 CA-CR 2018-0030
Opinion Judge:ECKERSTROM, CHIEF JUDGE
Party Name:The State of Arizona, Appellee, v. Joseph Oren Massey, Appellant.
Attorney:Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Mariette S. Ambri, Assistant Attorney General, Tucson Counsel for Appellee Joel Feinman, Pima County Public Defender By David J. Euchner, Assistant Public Defender, Tucson Counsel for Appellant
Judge Panel:Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Staring and Judge Brearcliffe concurred.
Case Date:December 24, 2018
Court:Court of Appeals of Arizona
 
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The State of Arizona, Appellee,

v.

Joseph Oren Massey, Appellant.

No. 2 CA-CR 2018-0030

Court of Appeals of Arizona, Second Division

December 24, 2018

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Pima County No. CR20160397001 The Honorable Teresa Godoy, Judge Pro Tempore

Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Mariette S. Ambri, Assistant Attorney General, Tucson Counsel for Appellee

Joel Feinman, Pima County Public Defender By David J. Euchner, Assistant Public Defender, Tucson Counsel for Appellant

Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Staring and Judge Brearcliffe concurred.

MEMORANDUM DECISION

ECKERSTROM, CHIEF JUDGE

¶1 Joseph Massey appeals from his multiple convictions and sentences stemming from sexual offenses involving three high-school students. For the following reasons, we affirm.

Factual and Procedural Background

¶2 Massey began work as a teacher at a Tucson high school in November 2015. In December 2015, one of his students, fifteen-year-old D.P., reported to school officials and law enforcement that Massey had repeatedly touched her buttocks during classes the preceding month. As a result of D.P.'s allegations against him, Massey was placed on administrative leave. Two days later, A.Q., an eighteen-year-old student, also reported to school officials that Massey had acted inappropriately with her in the classroom, including repeatedly touching her leg and buttocks and making sexually explicit comments to her. A few days after that, a third student, fifteen-year-old M.S., also came forward regarding Massey. She reported to school personnel that Massey had repeatedly touched her buttocks and upper thigh during classes and that Massey had asked her to exchange oral sex acts with him.

¶3 In January 2016, Massey was arrested and charged with one count of luring a minor for sexual exploitation and three counts of misdemeanor assault. The state alleged that the assaults were committed for the purpose of sexual gratification.

¶4 In...

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