NOTICE: NOT FOR PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE
STATE OF ARIZONA, Appellee,
v.
TELLY ONTURIO BEASLEY, Appellant.
No. 1 CA-CR 13-0592
FILED 09-18-2014
Appeal from the Superior Court in Maricopa County
No. CR2012-007326-001
The Honorable Jeanne M. Garcia, Judge
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Craig W. Soland
Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix
By Louise Stark
Counsel for Appellant
STATE v. BEASLEY
Decision of the Court
MEMORANDUM DECISION
Chief Judge Diane M. Johnsen delivered the decision of the Court, in which
Presiding Judge Jon W. Thompson and Judge Kenton D. Jones joined.
J O H N S E N, Judge:
¶1 Telly Onturio Beasley appeals his convictions and sentences
for four counts of forgery and one count of possession or use of marijuana.
We have jurisdiction of Beasley’s timely appeal pursuant to Article 6,
Section 9, of the Arizona Constitution, and Arizona Revised Statutes
("A.R.S.") sections 12-120.21(A)(1) (2014), 13-4031 (2014) and -4033 (2014).1.
DISCUSSION
¶2 The sole issue on appeal is whether sufficient evidence
supports one of the forgery convictions. Beasley argues there was no
evidence he "offered or presented" check number 1482, the check
underlying his conviction on count 1. See A.R.S. § 13–2002(A)(3) (2014) ("A
person commits forgery if, with intent to defraud, the person . . . [o]ffers or
presents, whether accepted or not, a forged instrument or one that contains
false information.").
¶3 To the contrary, the record unequivocally establishes that
Beasley presented check number 1482. Indeed, Beasley admitted at trial
that he did so. Additionally, when police officers arrested Beasley at a
check cashing business, the store's manager gave them the check Beasley
had endorsed. This evidence is sufficient for a rational jury to find beyond
a reasonable doubt that Beasley presented check number 1482. See State v.
Tison, 129 Ariz. 546, 553, 633 P.2d 355, 362 (1981) (evidence is sufficient
when a rational trier of fact could find that it supports a defendant's guilt
beyond a reasonable doubt).
1 Absent material revision after the date of the alleged offense, we cite
a statute's current version.
2
STATE v. BEASLEY
Decision of the Court
CONCLUSION
¶4 For the reasons stated, we affirm Beasley's convictions and
sentences.
:gsh
3