State v. Estevez

NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. MARTIN QUEZADA ESTEVEZ, Appellant. No. 1 CA-CR 19-0037 FILED 2-13-2020 Appeal from the Superior Court in Yuma County No. S1400CR200801584 The Honorable Brandon S. Kinsey, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Terry M. Crist Counsel for Appellee Yuma County Public Defender’s Office, Yuma By Eugene Marquez Counsel for Appellant STATE v. ESTEVEZ Decision of the Court MEMORANDUM DECISION Judge Randall M. Howe delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Diane M. Johnsen joined. H O W E, Judge: ¶1 Martin Estevez appeals his conviction of second-degree murder and the trial court’s award of extradition costs to the Yuma County Sheriff’s Office. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 In 2004, Estevez was living with his girlfriend C.G., and his two children, K.E., then 6, and M.E., then 3. C.G. also had a third child, J.M., then 13, who lived with them. One afternoon in February 2004, while the children were with a sitter, Estevez was at his neighbor’s house when he saw C.G. return home from work. Estevez went home, took C.G.’s phone and then returned to his neighbor’s house. C.G. followed him to the neighbor’s and threatened to call the police if Estevez did not give her back the phone. She then took her phone from Estevez and returned home. Estevez followed her. In the meantime, the sitter had left with all three children to take J.M. to her soccer game. ¶3 When the sitter returned with K.E and M.E, Estevez met them at the front door and asked the sitter to take the children to the neighbor’s house. Before the sitter could do so, K.E. slipped inside the door and saw C.G. lying on the back patio with blood on the side of her mouth. Estevez told K.E. that C.G. must have hurt herself in the bathroom. He then brought K.E. back to the front of the house, and the sitter took the children to the neighbor’s house. K.E. told the sitter about seeing C.G.’s body, then, accompanied by the neighbor, they went to pick up J.M. from soccer. ¶4 After the sitter brought J.M. back to the neighbor’s house, J.M. went home to look for C.G., but no one was home. J.M. found C.G.’s wallet and keys, which J.M. later told police she always carried with her. J.M. called Estevez, who said that he was out buying beer and claimed that he did not know where C.G. was. After 45 minutes, J.M. called Estevez again, and Estevez said that he was almost home. Estevez did not arrive, however, 2 STATE v. ESTEVEZ Decision of the Court for another 30 minutes. Once he returned home, Estevez called the police after J.M. told him ...

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