Opinion
1 CA-CR 20-0321
04-07-2022
STATE OF ARIZONA, Appellee, v. LAVONTAY LAURICE TAYLOR, Appellant.
Arizona Attorney General's Office, Phoenix By Linley Wilson Counsel for Appellee Maricopa County Public Defender's Office, Phoenix By Jeffrey L. Force Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2018-005683-001 The Honorable Ronee Korbin Steiner, Judge
Arizona Attorney General's Office, Phoenix By Linley Wilson Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix By Jeffrey L. Force Counsel for Appellant
Judge Brian Y. Furuya delivered the decision of the Court, in which Chief Judge Kent E. Cattani and Judge Samuel A. Thumma joined.
MEMORANDUM DECISION
FURUYA, JUDGE
¶1 This is an appeal under Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297 (1969). Counsel for defendant Lavontay Laurice Taylor advised this court that he has found no arguable question of law after searching the entire record and asks this court to conduct an Anders review. Taylor was given the opportunity to file a supplemental brief but did not do so. This court has reviewed counsel's brief and the record and has found no reversible error. Accordingly, apart from a recalculation of presentence incarceration, Taylor's convictions and resulting sentences are affirmed.
FACTS AND PROCEDURAL HISTORY
¶2 On October 31, 2017, Officer Donald Host responded to a domestic disturbance involving multiple individuals fighting in front of a house. When Officer Host arrived, he activated his lights and sirens. Taylor approached Officer Host as Officer Host exited his vehicle and exclaimed repeatedly, "We don't need no police." Taylor stopped short of Officer Host and did not initiate physical contact. Officer Host ordered Taylor to back up and pushed Taylor back. After being pushed by Officer Host, Taylor pushed Officer Host in response and threatened to beat him up. Officer Host then drew his taser.
¶3 After Officer Host drew his taser, another individual came between Taylor and the officer and moved Taylor back toward the driveway of the house. A second Officer, Nathan Cummings, arrived as backup. Officer Host told Officer Cummings that Taylor was going to jail. Officer Cummings attempted to take hold of Taylor, but Taylor lifted him by his legs, dropping him head-first into the concrete.
¶4 Officer Host struck Taylor, knocking him unconscious, and went to aid Officer Cummings, who was bleeding from his head. Taylor was subsequently detained, and Officer Cummings was taken to the hospital with a concussion, a wound that required five staples to close, and a shoulder injury that later required surgery.
¶5 Taylor was indicted on three counts: Count 1, Aggravated Assault (Officer Cummings), a class 2 dangerous felony, Count 2, Aggravated Assault (Officer Host), a class 5 felony, and Count 3, Resisting Arrest, a class 6 felony. Taylor was arraigned and entered a plea of not guilty. He was released on his own recognizance but failed to appear for his final trial management conference, so the State chose to proceed in absentia.
¶6 At trial, the State produced Officer Host's body camera footage, which captured the parties' exchange and the altercation with Officer Cummings. The State rested after calling five witnesses including Officers Host and Cummings, and Officer Cummings' treating physician. The defense unsuccessfully argued that the evidence was insufficient to support a conviction and rested without calling any witnesses.
¶7 The jury returned verdicts of guilty on all three counts. In the aggravation phase, the jury found serious physical injury and physical, emotional, or financial harm as to Count 1, but did not find aggravating circumstances as to Count 2.
¶8 Police located Taylor in Las Vegas and extradited him in February 2020. He was sentenced in April 2020 to the following concurrent presumptive prison terms: Count 1 (dangerous, non-repetitive) 10.5 years; Count 2 (non-dangerous, repetitive) 2.25 years; and Count 3 (non-dangerous, repetitive) 1.75 years. The court awarded Taylor presentence incarceration credit of 51 days. On April 16, 2020, the parties stipulated to restitution in the amount of $19, 942.59. Taylor timely appealed.
DISCUSSION
¶9 The record shows that Taylor was represented by counsel at all stages of the proceedings and that counsel was present at all critical stages. The record contains substantial evidence supporting the verdict. The sentence imposed was within statutory limits. See Ariz. Rev. Stat. ("A.R.S.") §§ 13-702, -703(I), -704, and -1204(C). However, the court improperly calculated Taylor's presentence incarceration credit as 51 days. Taylor was booked in Maricopa County on February 13, 2020 and sentenced on April 7, 2020. He was therefore entitled to 54 days of presentence incarceration credit. See A.R.S. § 13-712(B). A failure to award a defendant full presentence incarceration credit constitutes fundamental error. State v. Ritch, 160 Ariz. 495, 498 (App. 1989). Therefore, we modify the minute entry to reflect 54 days of presentence incarceration credit. In all other respects, from the record presented, all proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and we otherwise find no fundamental error.
CONCLUSION
¶10 This court has read and considered counsel's brief and has searched the record provided for reversible error and has found none. See Leon, 104 Ariz. at 300; State v. Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999). Accordingly, Taylor's convictions and sentences are affirmed.
¶11 Upon the filing of this decision, counsel is directed to inform Taylor of the status of the appeal and of his future options. Defense counsel has no further obligations unless, upon review, counsel identifies an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85 (1984). Taylor shall have 30 days from the date of this decision to proceed, if he desires, with a pro se motion for reconsideration or petition for review.