State v. Pina-Barajas
State v. Pina-Barajas
Opinion of the Court
*475¶ 1 Jesus Pina-Barajas appeals his conviction and sentence for unlawful possession of a deadly weapon by a prohibited possessor, arguing the court should not have precluded his defense of necessity. For the reasons that follow, we affirm.
Factual and Procedural History
¶ 2 We view the evidence in the light most favorable to the party requesting a jury instruction. State v. Almeida ,
¶ 3 At trial, Pina-Barajas sought to admit additional statements he had made to detectives explaining he had obtained the guns after a certain man threatened him and shot at him approximately two weeks earlier. Pina-Barajas also sought to admit the statements pursuant to the rule of completeness. See Ariz. R. Evid. 106. The court precluded the statements on both grounds, and the jury found Pina-Barajas guilty of possession of a deadly weapon by a prohibited possessor. The court sentenced him to an enhanced, minimum term of three years. Pina-Barajas appealed; we have jurisdiction. A.R.S. §§ 13-4031, 13-4033(A)(1).
Necessity Defense
¶ 4 Pina-Barajas contends the trial court erred by precluding his necessity defense. Specifically, he argues he was entitled to introduce certain statements he made to detectives establishing that defense and to have the jury instructed accordingly. We review a trial court's evidentiary rulings for an abuse of discretion. State v. Fish ,
¶ 5 The trial court may preclude a defense when the defendant fails to "demonstrate he can produce some evidence in support [thereof]." State v. Medina , No. 2 CA-CR 2017-0035, --- Ariz. ----, ¶ 12, --- P.3d ----, ----,
¶ 6 Further, in addressing other justification defenses, Arizona courts have determined that justification based on imminent or immediate threats dissipates rapidly or is *476confined within a particular transaction. See generally A.R.S. §§ 13-404 to 13-421. In In re Roy L. , this court concluded that a juvenile carrying a firearm was properly precluded from arguing self-defense because, on the day he was arrested, he had not seen the rival gang member who had threatened him.
¶ 7 In addition to imminence, the necessity defense requires that the defendant have had no reasonable alternative. § 13-417(A). Thus, the risk of injury must be both imminent and the person at risk must have no reasonable alternative to avoid that injury short of violating the law. We read these two core requirements of a necessity defense together. See State v. Gaynor-Fonte ,
¶ 8 Here, the statements Pina-Barajas sought to admit could have established that he had obtained and kept the guns in response to incidents that had taken place two weeks earlier. Nothing in Pina-Barajas's statements indicates that he had been subjected to any threat in the intervening period. Nor has Pina-Barajas made any showing that he lacked any legal alternatives during those two weeks, or that those alternatives-such as alerting law enforcement to his predicament-were unreasonable. Accordingly, by the time officers found the guns in his truck, the original threat of harm could not reasonably be characterized as imminent.
¶ 9 Relying on Richter , Pina-Barajas argues he was facing an ongoing and continuing threat, which is "always imminent" and "could materialize at any moment." In Richter , however, the defendant's duress defense hinged on the ongoing threat of physical harm she faced over many months because her husband "set the rules of the house," abused her if she challenged his authority, and constantly supervised her.
¶ 10 Relying on United States v. Panter , Pina-Barajas insists the legislature could not have intended to make prohibited possessors "helpless targets for assassins," divested of the right to defend themselves.
Completeness
¶ 11 Pina-Barajas also argues he should have been permitted to introduce the *477same statements under the rule of completeness because they supplied the necessary context to understand his admissions. See Ariz. R. Evid. 106. We review a trial court's evidentiary rulings for an abuse of discretion. Fish ,
¶ 12 Rule 106 provides that "[i]f a party introduces all or part of a writing or recorded statement, an adverse party may require the introduction ... of any other part ... that in fairness ought to be considered at the same time." Under the rule, a trial court only need admit those portions of a statement "necessary to qualify, explain or place into context the portion already introduced." State v. Cruz ,
¶ 13 Here, the relevant issues were whether Pina-Barajas knowingly possessed the guns in question and whether he had been a prohibited possessor at the time. See A.R.S. §§ 13-3101(A)(7), 13-3102(A)(4). Concerning these issues, Pina-Barajas's relevant statements were that he owned the guns and that he was a convicted felon who "wasn't supposed to have guns." Because the trial court properly precluded Pina-Barajas from arguing justification by necessity, his reasons for possessing the guns were irrelevant and devoid of any probative value on the issues before the jury. Moreover, admitting the statements risked confusing the issues and misleading the jury by suggesting he might have been so justified. Accordingly, the court did not err by refusing to admit Pina-Barajas's statements under Rule 106.
Disposition
¶ 14 For the foregoing reasons, we affirm Pina-Barajas's conviction and sentence.
Reference
- Full Case Name
- The STATE of Arizona v. Jesus Aaron PINA-BARAJAS
- Cited By
- 1 case
- Status
- Published