At the beginning of February 2024, the Arizona Court of Appeals, Division One, issued an order vacating in part a defendant’s sentences that resulted from the murder of his wife. The defendant originally faced charges for second-degree murder, abandonment of a dead body, and tampering with physical evidence. He appealed his convictions and sentences, partially on grounds that the trial court incorrectly calculated how much time he should serve given his guilty verdict. The higher court agreed with the defendant’s argument, ordering the court to resentence him according to its instructions.
Background of the Case
The opinion details the case’s history. One evening in October 2019, the defendant and his wife began arguing. Sometime between the hours of 7:15pm and 9:00pm, neighbors heard a gunshot, and investigators later learned that the bullet came from one of the defendant’s guns. The defendant’s wife was later found dead by the same bullet. The defendant had attempted to clean the bloodied carpet, the furniture, and the padding under the nearby turf, but stains remained that revealed what had occurred. Following the clean-up attempts, the defendant dumped his wife’s body by a ditch nearby.
Despite these attempts to hide the murder, investigators found enough evidence to link the defendant to the crime. He was criminally charged, and after a ten-day trial, the jury returned guilty verdicts. The court sentenced the defendant to the maximum amount of time for all three convictions. The defendant promptly appealed.