2 CA-CR 2012-0156 STATE OF ARIZONA v. GEORGE BENJAMIN LARIN

Department: A
County: Pima
Cause Numbers: CR20111979001

Javier Chon-Lopez

Submitted: 07/09/2013 At Issue Date: 07/08/2013 At Issue Number: 2012-05636

Party/Attorney Information
Party Information Attorney Information
THE STATE OF ARIZONA,
Appellee/Cross-Appellant

Jacob R. Lines
DEPUTY PIMA COUNTY ATTORNEY
Appointed

Nicholas Klingerman
ASSISTANT ATTORNEY GENERAL
Appointed

Joseph T. Maziarz
ASSISTANT ATTORNEY GENERAL
Appointed

PIMA COUNTY ATTORNEY
Appointed

ARIZONA ATTORNEY GENERAL
Appointed

GEORGE BENJAMIN LARIN
Appellant/Cross-Appellee
Emily Danies
Appointed

Filings, Dues and Continuances
Document Type Due Date Document Title Filing Date Attorney/Firm Type
Transmittal Letter    Notification of Appeal  05/07/2012    Filing
Notice of Appeal    Notice of Appeal  05/01/2012    Filing
Minute Entry    Sentence of Imprisonment  05/07/2012    Filing
Affidavit from Court Reporter for Transcripts    Affidavit  06/04/2012  Bair, Mary Jo   Filing
Record    NOTIFICATION OF ELECTRONIC RECORD  06/13/2012    Filing
Supplemental Certificate    SUPP. CERT. - 1 Vol. (Minute Entry Re: Indigent Status)  08/06/2012    Filing
Motion for Extension to File Opening Brief    Motion for Extension to File Opening Brief (first)  09/14/2012  Danies, Emily   Filing
Motion for Extension to File Opening Brief    Motion for Extension to File Opening Brief  10/23/2012  Danies, Emily   Filing
Motion to Expand the Record    Motion to expand the record and vacate Date for Opening Brief  11/24/2012  Danies, Emily   Filing
Opening Brief    Appellants Opening Brief  01/23/2013  Danies, Emily   Filing
Notice of Appearance    Notice of Appearance  02/04/2013  Klingerman, Nicholas   Filing
Answer/Cross-Opening Brief    Answering Brief on Appeal and Opening Brief on Cross-Appeal  03/11/2013  Klingerman, Nicholas   Filing
Motion for Extension to File Reply Brief    Motion for extension to File reply brief and Answering Brief for CrossAppeal  04/17/2013  Danies, Emily   Filing
Reply Brief    Appellants Rely Brief on Appeal and Appellees Answering Brief on Cross-Appeal  05/25/2013  Danies, Emily   Filing
Reply Brief on Cross-Appeal    Reply Brief on Cross-Appeal  06/07/2013  Klingerman, Nicholas   Filing
Opening Brief  01/23/2013  Opening Brief      Due
Trial Court Record  06/15/2012  Trial Court Record      Due
Answering Brief  03/11/2013  Answering Brief      Due
Reply/Cross-Answering Brief  05/28/2013  Reply/Cross-Answering Brief      Due
Cross-Reply Brief  06/19/2013  Cross-Reply Brief      Due
Petition for Review to Supreme Court  11/15/2013  Petition for Review to Supreme Court      Due
MANDATE DUE  06/12/2014  MANDATE DUE      Due
Calendar and Decision Information
OA Request Due OA Request By OA Request Result OA Filed OA Date OA Time OA Type Decision Type Decision Date Result Type
07/03/2013        09/25/2013  2:00pm In Court  Opinion  10/16/2013  AFFIRMED IN PART; VACATED AND REMANDED IN PART  
Mandate
Mandate Date Mandate Vacated Date
07/17/2014   
MR/PR Outcome
MR Outcome MR Outcome Date PR Outcome PR Outcome Date
    Denied  05/28/2014 
Ticklers
Tickler Date Due Date Description
No ticklers available for this case.
Proceedings
Type Date Proceeding
Record  06/13/2012  Filed: NOTIFICATION OF ELECTRONIC RECORD. (Filed by Clerk, Pima County) 
Record  06/15/2012  G.J. TRANS. - 1 Vol. and trans. letter; PRESENTENCE REPORT - 1 Vol.; LETTERS SUBMITTED FOR SENTENCING - 1 Vol.; JUROR QUESTIONS - 2 Vol.; EXHIBITS - 2 Vol. 
Record  07/05/2012  Filed: Transcript, Jury Trial Day 6, Transcript date: 03/13/2012. (Filed by Mary Bernal) (e-filer) 
Record  08/06/2012  Filed: SUPP. CERT. - 1 Vol. (Minute Entry Re: Indigent Status). (Filed by Clerk, Pima County ) 
Record  08/13/2012  Filed: Transcript, Sentencing, Transcript date: 04/24/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day Seven, Transcript date: 03/14/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day Five, Transcript date: 03/12/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day Four, Transcript date: 03/09/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day Three, Transcript date: 03/08/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day Two, Transcript date: 03/07/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  08/13/2012  Filed: Transcript, Jury Trial - Day One, Transcript date: 03/06/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  12/12/2012  Filed: Transcript, Motion to Vacate Conviction/Motion for New Trial, Transcript date: 04/10/2012. (Filed by Mary Jo Bair) (e-filer) 
Record  12/12/2012  Filed: Transcript, Priors Hearing, Transcript date: 04/02/2012. (Filed by Mary Jo Bair) (e-filer) 
Briefs  01/23/2013  Filed: Appellants Opening Brief. (Filed by Emily Danies) (e-filer) 
Briefs  03/11/2013  Filed: Answering Brief on Appeal and Opening Brief on Cross-Appeal. (Filed by Nicholas Klingerman) (e-filer) 
Briefs  05/25/2013  Filed: Appellants Rely Brief on Appeal and Appellees Answering Brief on Cross-Appeal. (Filed by Emily Danies) (e-filer) 
Briefs  06/07/2013  Filed: Reply Brief on Cross-Appeal. (Filed by Nicholas Klingerman) (e-filer) 
All Other  05/18/2012  Filed: First Notice of Appeal. Transmittal Letter dated 05/07/2012, Notice of Appeal dated, 05/01/2012 and Sentencing Minute Entry dated 05/07/2012. 
All Other  05/25/2012  Notice of Cross-Appeal 
All Other  06/04/2012  Filed: Affidavit. (Filed by Mary Jo Bair) (e-filer) 
All Other  06/21/2012  Pursuant to Notice of Appeal filed May 1, 2012, ORDERED: Mark R. Resnick is relieved from further responsibility for the Appellant in connection with this appeal. FURTHER ORDERED: The above-entitled appeal is remanded and jurisdiction is revested in the trial court, to and including August 20, 2012, for a hearing to determine if appellant is indigent. At the discretion of the trial court, the hearing may be conducted telephonically. FURTHER ORDERED: In the event that such order is filed, the clerk of the superior court shall forward same forthwith as a supplement to the record on appeal.  
All Other  08/10/2012  Pursuant to Pima County Superior Court Minute Entry dated July 30, 2012, ORDERED: The stay of appeal is vacated, jurisdiction is revested in this court, and the above-entitled appeal is reinstated. FURTHER ORDERED: Emily Danies is appointed to represent Appellant for all purposes of appeal. FURTHER ORDERED: Pay Claim and/or Petition for Additional Compensation shall be filed in the Court of Appeals for determination of appropriate fees in accordance with the Appellate Contract. Said Pay Claim and/or Petition for Additional Compensation may be filed in accordance with Appellate Contract and/or administrative order(s) of the Pima County Superior Court. Pursuant to Pima County Superior Court Clerk's transmittal letter dated June 15, 2012, and it appearing that the record on appeal was not transmitted to counsel for appellant, FURTHER ORDERED: Clerk Pima County Superior Court shall transmit record on appeal forthwith to newly appointed counsel with a notice of transmittal to be filed with this court. It appearing that the transcript(s) of the proceedings of: Mary Jo Bair 03/06/2012 - Jury Trial Day 1 03/07/2012 - Jury Trial Day 2 03/08/2012 - Jury Trial Day 3 03/09/2012 - Jury Trial Day 4 03/12/2012 - Jury Trial Day 5 03/14/2012 - Jury Trial Day 7 04/24/2012 - Judgment and Sentence is/are not included in the record on appeal as required by Ariz. R. Crim. P. 31.8(b)(2), FURTHER ORDERED: The court reporter(s) shall prepare and file the required transcript(s) in this court, with requisite copies for counsel on or before August 27, 2012. Regardless of whether the transcript(s) are filed electronically with this court, the court reporter(s) shall prepare a paper copy of the transcript(s) for both prosecution counsel and defense counsel and file the transcript(s) in the office of the Managing Court Reporter unless defense counsel notifies the reporter that a paper copy is NOT necessary. FURTHER ORDERED: The cost of the transcript(s) shall be paid by Pima County. FURTHER ORDERED: If the transcripts are not filed on or before the due date of August 27, 2012, court reporter(s) shall be fined Fifty Dollars ($50.00) each day thereafter until the transcripts are filed.  
All Other  08/15/2012  It appearing that transcripts in accordance with Rule 31.8(b)(2), Rules of Criminal Procedure having been filed, and pursuant to Rule 31.10 Rules of Criminal Procedure, notice is hereby given that the record on appeal was completed on August 13, 2012. ORDERED: Appellant's Opening Brief shall be filed on or before September 24, 2012. Please refer to Rule 31.13 concerning the preparation of your brief. FURTHER ORDERED: BRIEFS NOT FILED IN COMPLIANCE WITH RULE 31.13 WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  09/14/2012  Filed: Motion for Extension to File Opening Brief (first). (Filed by Emily Danies) (e-filer) 
All Other  09/17/2012  Pursuant to Motion for Extension to File Opening Brief (first), and there being no objection, ORDERED: The time for filing Appellant's Opening Brief is extended to and including October 24, 2012. FURTHER ORDERED: Any further requests for extension must explain the exceptional circumstances necessitating the request and will be considered by the presiding judge. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  10/23/2012  Filed: Motion for Extension to File Opening Brief. (Filed by Emily Danies) (e-filer) 
All Other  10/24/2012  Pursuant to Motion for Extension to File Opening Brief, and there being no objection, ORDERED: The time for filing Appellant's Opening Brief is extended to and including November 26, 2012. FURTHER ORDERED: Any further requests for extension must explain the exceptional circumstances necessitating the request and will be considered by the presiding judge. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  11/24/2012  Filed: Motion to expand the record and vacate Date for Opening Brief. (Filed by Emily Danies) (e-filer) 
All Other  11/27/2012  Pursuant to Motion to Expand the Record and Vacate Date for Opening Brief, ORDERED: Court Reporter shall transcribe the proceedings of: Mary Jo Bair 04/10/2012 - Hearing on Defense Motion to Vacate Conviction and Motion for New Trial 04/12/2012 - Hearing on Priors Requested transcript(s) to be filed with this court, with requisite copies for counsel to be filed simultaneously, on or before January 11, 2013. If the transcript(s) are filed electronically with this court, the court reporter(s) shall prepare a paper copy of the transcript for prosecution counsel. If the transcript(s) are filed electronically with this court, AND IF DEFENSE COUNSEL NOTIFIES THE COURT REPORTER THAT A PAPER COPY WILL BE NEEDED, the court reporter shall prepare a paper copy for defense counsel and file the transcript(s) in the office of the Managing Court Reporter. FURTHER ORDERED: The cost of the transcript(s) shall be paid by Pima County. FURTHER ORDERED: If the transcripts are not filed on or before the due date of January 11, 2013, court reporter Mary Jo Bair shall be fined Fifty Dollars ($50.00) each day thereafter until the transcripts are filed. FURTHER ORDERED: Time for filing Appellant's Opening Brief is extended to 40 days after this court's notice expanded record is complete. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  12/14/2012  The following action was taken by the Court of Appeals of the State of Arizona, Division Two, on December 12, 2012, in regard to the above-entitled cause: TRANSCRIPTS FILED ORDERED: Appellant's Opening Brief shall be filed on or before January 23, 2013. FURTHER ORDERED: BRIEFS THAT DO NOT COMPLY WITH RULE 31.13 WILL BE STRICKEN. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  02/01/2013  Appellate Pay Claim 
All Other  02/04/2013  Filed: Notice of Appearance. (Filed by Nicholas Klingerman) (e-filer) 
All Other  04/17/2013  Filed: Motion for extension to File reply brief and Answering Brief for CrossAppeal. (Filed by Emily Danies) (e-filer) 
All Other  04/23/2013  Pursuant to Motion for extension to File reply brief and Answering Brief for Cross Appeal, and there being no objection, ORDERED: The time for filing the Appellant's Reply/Cross-Answering Brief is extended to and including May 28, 2013. FURTHER ORDERED: Any further requests for extension must explain the exceptional circumstances necessitating the request and will be considered by the presiding judge. ***** Counsel should be aware that most briefs filed with the court are sent to Thomson-West Publishing for inclusion in its Arizona brief bank service. Briefs in the following case types will NOT be sent to Thomson-West: juvenile court cases; domestic relations cases; criminal cases involving sexual offenses or child abuse offenses; and mental health cases. In OTHER types of cases, if counsel prefer that a brief not be included in the brief bank service, they must contact: Paul Pendergrass Thomson-West 651-687-4994 or west.westbriefsnotification@thomson.com  
All Other  06/05/2013  Appellate Pay Claim 
All Other  07/09/2013  SUBMITTED 
All Other  08/26/2013  On the court’s own motion, ORDERED: Oral argument shall be conducted before Division Two of the Court of Appeals in its third-floor Courtroom in the State Office Complex, 400 West Congress Street, North Building, Tucson, Arizona, on September 25, 2013 at 2:00 p.m. Each side may have twenty-five minutes to be heard. ****** FURTHER ORDERED: Counsel may stipulate to a telephonic oral argument and shall file with the Court any such stipulation and notify the Clerk of the Court in writing within ten days from the date of this order. The Court will reset the matter for telephonic oral argument. ORAL ARGUMENTS ARE NOW DIGITALLY RECORDED AND WILL BE AVAILABLE ONLINE THE DAY AFTER ARGUMENT ON THE WEBSITE http://www.appeals2.az.gov  
All Other  08/28/2013  Copy of hearing order from Nicholas Klingerman 
All Other  08/28/2013  Copy of hearing order from Emily Danies 
All Other  09/25/2013  SIGN-IN SHEET 
All Other  10/16/2013  OPINION - AFFIRMED IN PART; VACATED AND REMANDED IN PART - Vasquez with Miller and Kelly. (22) 
All Other  10/29/2013  Appellate Contract Pay Claim 
All Other  11/18/2013  Notification Petition for Review filed with Arizona Supreme Court. CR-13-0407-PR 
All Other  12/23/2013  Appellate Contract Pay Claim; approved 12/23/2013 
All Other  05/28/2014  Supreme Court Minute Entry dated May 28, 2014 re action taken: ORDERED: Petition for Review to Arizona Supreme Court = DENIED. 
All Other  07/17/2014  Notice to Mead 
All Other  07/17/2014  MANDATE ISSUED; RECEIPT REQUESTED. 
All Other  07/17/2014  FINAL DISPOSITION REPORT