State v. Viste, 033120 AZAPP1, 1 CA-CR 18-0739

Docket Nº:1 CA-CR 18-0739
Opinion Judge:BROWN, JUDGE
Party Name:STATE OF ARIZONA, Appellee, v. CORY DOUGLAS VISTE, Appellant .
Attorney:Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Matt G. Hayes Law PLC, Gilbert By Matthew G. Hayes Counsel for Appellant
Judge Panel:Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Kenton D. Jones and Judge D. Steven Williams joined.
Case Date:March 31, 2020
Court:Court of Appeals of Arizona
 
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STATE OF ARIZONA, Appellee,

v.

CORY DOUGLAS VISTE, Appellant .

No. 1 CA-CR 18-0739

Court of Appeals of Arizona, First Division

March 31, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR 2016-128726-001 The Honorable Douglas Gerlach, Judge The Honorable George H. Foster, Jr., Judge Retired

Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee

Matt G. Hayes Law PLC, Gilbert By Matthew G. Hayes Counsel for Appellant

Presiding Judge Michael J. Brown delivered the decision of the Court, in which Judge Kenton D. Jones and Judge D. Steven Williams joined.

MEMORANDUM DECISION

BROWN, JUDGE

¶1 Cory Viste appeals his conviction for luring a minor for sexual exploitation and the superior court's imposition of probation. For the following reasons, we affirm.

BACKGROUND

¶2 In May 2016, Detective Snyder of the Pinal County Sherriff's Office participated in an internet teen chat room posing as a 13-year-old girl named "Sandi." He began chatting with Viste, who was 31 years old. Viste asked "Sandi" how old she was and Detective Snyder responded that she was 13. Viste asked "Sandi" whether she liked "older guys, " and Snyder responded in the affirmative. Eventually, Viste and Snyder began chatting on a social media messenger platform, as well as by email. Viste sent Snyder a picture of himself, and Snyder sent Viste a picture of a teenage girl.

¶3 Viste and Snyder's conversations became sexual in nature. On June 7, 2016, Viste told "Sandi" he wanted her to perform oral sex on him. Snyder responded, "I'm down if u r, " and Viste said, "Of course I am ha." Viste also discussed other specific sexual activities with "Sandi" during their online conversations.

¶4 Viste and "Sandi" agreed to meet at a park near her "home" on June 16, 2016. The park was approximately 30 miles away from where Viste lived. Prior to the scheduled meet-up, Snyder briefed the Phoenix police officers who would be involved in Viste's arrest (the "net team"). He gave them an overview of the investigation, explained the probable cause for Viste's arrest, gave them a description of Viste's vehicle, and provided them with his physical description. The net team conducted surveillance of the area around the park, by ground and by air. They observed Viste driving around the park for 20 to 30 minutes...

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