State v. Stierley, 111519 AZAPP2, 2 CA-CR 2018-0358

Docket Nº:2 CA-CR 2018-0358, 2 CA-CR 2018-0360
Opinion Judge:STARING, Presiding Judge
Party Name:The State of Arizona, Appellee, v. Jeffrey Eugene Stierley, Appellant.
Attorney:Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Joshua C. Smith, Assistant Attorney General, Phoenix Counsel for Appellee Huselid & Huselid PC, Globe By Zachary Huselid Counsel for Appellant
Judge Panel:Presiding Judge Staring authored the decision of the Court, in which Chief Judge Vásquez and Judge Brearcliffe concurred.
Case Date:November 15, 2019
Court:Court of Appeals of Arizona
 
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The State of Arizona, Appellee,

v.

Jeffrey Eugene Stierley, Appellant.

Nos. 2 CA-CR 2018-0358, 2 CA-CR 2018-0360

Court of Appeals of Arizona, Second Division

November 15, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Gila County Nos. S0400CR201700324 and S0400CR201800228 (Consolidated) The Honorable Timothy M. Wright, Judge

Mark Brnovich, Arizona Attorney General Joseph T. Maziarz, Chief Counsel By Joshua C. Smith, Assistant Attorney General, Phoenix Counsel for Appellee

Huselid & Huselid PC, Globe By Zachary Huselid Counsel for Appellant

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

MEMORANDUM DECISION

STARING, Presiding Judge

¶1 Jeffrey Stierley appeals his convictions and sentences for aggravated domestic violence, criminal damage, and influencing a witness. We affirm Stierley's convictions and sentences.

Factual and Procedural Background

¶2 We view the facts in the light most favorable to sustaining the jury's verdicts and resolve all reasonable inferences against Stierley. See State v. Felix, 237 Ariz. 280, ¶ 30 (App. 2015). In 2016, Stierley and his then-girlfriend, D.S., were at her mother's home repairing a leaky ceiling. At some point, Stierley went to his truck to look for his cell-phone charger and when he could not find it, he came back inside the house, accused D.S. of taking his charger, went into her room, and began taking things from her dresser that did not belong to him. Stierley then left the room through a door that connected to an enclosed porch; D.S. closed and locked the door behind him. D.S. returned to the kitchen and was cooking when she heard three to four loud noises, which she said sounded like Stierley kicking the door.

¶3 When D.S. went back to her room, Stierley was there and the previously undamaged door appeared to have been kicked in. Stierley then took D.S.'s cell phone and D.S. told him she was going to call 9-1-1. As D.S. turned to walk away from Stierley, he grabbed the back of her shirt, causing her to fall. Stierley fell on top of D.S. and hit her in the face with a drill. As a result, D.S. sustained a swollen lip, a scratch on her arm, and a bump on her forehead. Stierley was later arrested and charged with one count of aggravated domestic violence and one count of criminal damage.

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