Narrative Opinion Summary
This case concerns the appeal of a criminal conviction involving Richard R. Mendibles, who was initially indicted for aggravated assault, first degree burglary, and kidnapping, all with allegations of using a deadly weapon and having prior felony convictions. After a jury trial, Mendibles was acquitted of the original charges but found guilty of lesser offenses, specifically assault and unlawful imprisonment. The jury concluded that a knife, although described as a dangerous instrument, was not used. Mendibles admitted his prior felony convictions during trial. On appeal, Mendibles challenged his conviction for unlawful imprisonment under A.R.S. 13-1303(C), arguing that the trial court erred by failing to submit a jury interrogatory regarding the voluntary release of the victim, and contended there was insufficient evidence to support a class 6 felony conviction. The appellate court upheld the trial court's judgment, affirming a 3.75-year sentence for a nondangerous, repetitive class 6 felony, as the evidence demonstrated that the victim's escape resulted from external intervention, not voluntary release by Mendibles. The decision was supported by the Chief Justice and another judge, maintaining the conviction and sentence imposed.
Legal Issues Addressed
Sentencing for Class 6 Felony Unlawful Imprisonmentsubscribe to see similar legal issues
Application: The sentencing of 3.75 years was upheld based on the finding that the victim was not voluntarily released, justifying the classification of the crime as a class 6 felony.
Reasoning: He received a 3.75-year sentence, the presumptive for a nondangerous, repetitive class 6 felony.
Unlawful Imprisonment under A.R.S. 13-1303(C)subscribe to see similar legal issues
Application: The court considered whether an interrogatory regarding the voluntary release of the victim should have been submitted to the jury.
Reasoning: Mendibles argued that it was an error to not submit a jury interrogatory regarding the voluntary release of the victim and claimed insufficient evidence for a class 6 felony sentence.
Voluntary Release Consideration in Unlawful Imprisonmentsubscribe to see similar legal issues
Application: The court determined that the victim's escape was due to outside intervention, not a voluntary release by the defendant.
Reasoning: The court found no evidence of voluntary release, as the victim escaped due to outside intervention, confirming that Mendibles had no intention of allowing her to leave freely.