State v. Tamala

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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. AVELINO GUZMAN TAMALA, Appellant. No. 1 CA-CR 17-0319 FILED 11-8-2018 Appeal from the Superior Court in Maricopa County No. CR2014-005969-002 The Honorable Warren J. Granville, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Linley Wilson Counsel for Appellee Maricopa County Public Defender’s Office, Phoenix By Kevin D. Heade Counsel for Appellant STATE v. TAMALA Decision of the Court MEMORANDUM DECISION Judge Randall M. Howe delivered the decision of the Court, in which Chief Judge Samuel A. Thumma and Judge Maria Elena Cruz joined. H O W E, Judge: ¶1 Avelino Guzman Tamala appeals his conviction and sentence for first-degree murder, claiming that (1) insufficient evidence supports his conviction, (2) the State deprived him of a unanimous jury verdict by presenting evidence of multiple acts that could have supported the conviction, (3) the trial court erred in failing to give a “multiple acts” jury instruction, and (4) the trial court erred in two evidentiary rulings. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 We view the facts in the light most favorable to upholding the verdicts and resolve all reasonable inferences against the defendant. State v. Harm, 236 Ariz. 402, 404 n.2 ¶ 2 (App. 2015). Between 1990 and 1995, D.S. was a detention officer with the Maricopa County Sheriff’s Office (“MCSO”). At some point during 1990 or 1991, he supervised county jail inmate Anna Reyes for a few months until her release. About a year after Reyes was released, she telephoned D.S. The two met in person and commenced a sexual relationship. ¶3 A few months later, Reyes told D.S. she was pregnant but explained that she wanted “to go and be with her ex one more time so that he could think that the kid was his, and it just blew [D.S.] away.” Based on Reyes’s desire to “be with her ex,” D.S. permanently ended his relationship with her. On November 26, 1993, Reyes gave birth in Mexico to D.S.’s daughter, C.R. ¶4 In the early 1990’s, Tamala was a MCSO detective who “made quite a few big [drug] cases.” According to Tamala’s supervisor, “he was one of my best detectives at the time.” S.C. was a confidential informant (“CI”) who assisted Tamala with narcotics investigations. S.C.’s friend Reyes, also worked as a CI with Tamala and S.C. on undercover investigations beginning in July 1994 when she was released from prison. 2 STATE v. TAMALA Decision of the Court ¶5 Tamala and Reyes became romantically involved, which caused him to resign from MCSO in late January 1995. Almost six months later, the couple rented a house in Ahwatukee. Sometime in 1995, M.G. began working for Reyes as a live-in housekeeper and babysitter at the Ahwatukee home. At the time, C.R. lived with Reyes’s mother in ...

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