State v. Valenzuela
| Decision Date | 07 December 1972 |
| Docket Number | No. 2430,2430 |
| Citation | 109 Ariz. 1,503 P.2d 949 |
| Parties | STATE of Arizona, Appellee, v. Jose Antonio Torres VALENZUELA, Appellant. |
| Court | Arizona Supreme Court |
Gary K. Nelson, Atty. Gen., Phoenix by Howard F. Fell, Asst. Atty. Gen., Tucson, for appellee.
Howard A. Kashman, former Pima County Public Defender, Edward P. Bolding, Pima County Public Defender by Raymond R. Hayes, Deputy Public Defender, Tucson, for appellant.
Joe Valenzuela, defendant, was convicted of robbery, aggravated battery, and forgery, and was sentenced to three concurrent terms of 12--15 years, 4--5 years, and 4--5 years respectively.
His attorney feels that there are no real issues to appeal, but has filed an 'Anders' brief, setting out four possible areas of error.
Edward Fields, Jr., a University of Arizona student, testified as follows: He was walking home about 1:30 A.M. from a party, in Tucson, when he was offered a ride home by defendant, who was a passenger in a dark-colored Maverick. After Fields got in the car, defendant threatened him with a club and ordered him to lie down in the back seat. He then ordered Fields to turn over his wallet, which he did and soon thereafter the car was stopped and defendant ordered Fields to get out of the car and lie on the ground, and kicked him in the face several times. Defendant told Fields that he had a gun. Upon request, the wallet was returned, but defendant kept $6 and a credit card which were in it Fields suffered a broken nose and considerable pain from the kicks. The car drove away and Fields walked the rest of the way home and called the police. He was treated at the university infirmary. The credit card taken from him was used to purchase gasoline in the amount of $5.84 by forging Fields' signature. The driver of the car never turned around, and followed the orders of defendant.
The driver of the car was one Jimmy Ibach. He corroborated Fields' story in every way. His trial had not yet been had and was pending. Defendant elected not to take the stand.
Defendant raises four questions:
1. Was a certain conversation erroneously admitted in evidence? While defendant and Ibach were in jail, together with several others, Ibach testified that defendant asked one of the others whether the latter knew a Leroy Taylor. The man answered 'Yes' and defendant then said to him: 'He's going to kill (Ibach).' After the arraignment, Ibach asked defendant how much time he (Ibach) might expect for his part in the crime, and defendant said that he would not get any time because he (Ibach) would be dead. Ibach also testified that defendant told him not to testify and to get hold of the filling station attendant (presumably for the purpose of preventing him from testifying). Defendant claims that this testimony was prejudicial and irrelevant.
It is our opinion that these conversations amounted to threats against Ibach's life if he testified and, as such, they were very relevant.
'In a criminal prosecution any attempted intimidation of a witness is properly attributable to a consciousness of guilt, and testimony relating thereto is relevant and admissible in evidence.' People v. Bloom, 370 Ill. 144, 18 N.E.2d 197, 199 (1938); People v. Smith, 3 Ill.App.3d 958, 279 N.E.2d 512 (1972). See also State v. Adair, 106 Ariz. 4, 6, 469 P.2d 823.
2. Did testimony by Ibach that defendant told him to go to see the gas station attendant prejudically affect the jury? Defendant argues that the witness later stated that he was not sure what defendant had said. The transcript, however, shows Ibach's testimony to be:
...
To continue reading
Request your trial
-
State v. Rechtschaffer
...State v. Saiz, 104 Ariz. 407, 454 P.2d 152 (1969) (defendant in narcotics case beat up his cell-mate informer); State v. Valenzuela, 109 Ariz. 1, 503 P.2d 949, 950 (1972) (threats against a jointly incarcerated codefendant); State v. Mason, 394 S.W.2d 343, 344 (Mo.Sup.Ct.1965) (defendant's ......
-
People v. Lowe
...423 U.S. 931, 96 S.Ct. 282, 46 L.Ed.2d 260 (1975); United States ex rel. Hill v. Pinto, 394 F.2d 470 (3d Cir.1968); State v. Valenzuela, 109 Ariz. 1, 503 P.2d 949 (1972). The problem presented here, however, is that the threats were made by the defendant against a party who was not a witnes......
-
State v. Burnette
...1 See, United States v. Cirillo, 468 F.2d 1233 (2d Cir. 1972); United States v. Howard, 228 F.Supp. 939 (D.Neb.1964); State v. Valenzuela, 109 Ariz. 1, 503 P.2d 949 (1973); State v. Hill, 47 N.J. 490, 221 A.2d 725 (1966); State v. Johnson, 394 S.W.2d 344 (Mo.1965); People v. Terry, 21 Cal.R......
-
State v. Robles
...evidence that was properly before the jury. Evidence of a defendant's threats against a witness are admissible. State v. Valenzuela, 109 Ariz. 1, 503 P.2d 949 (1972). Evidence that appellant was in jail was not untruthful and was presented by many other witnesses, including Robles himself. ......