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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

JONATHAN JAMAL JONES, Appellant.

No. 1 CA-CR 17-0655

Appeal from the Superior Court in Maricopa County

No. CR2017-108432-001 SE

The Honorable Jacki Ireland, Judge Pro Tempore

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Joseph T. Maziarz

Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix

By Joel M. Glynn

Counsel for Appellant

FILED 6-28-2018
STATE v. JONES

Decision of the Court

2

MEMORANDUM DECISION

Presiding Judge Maria Elena Cruz delivered the decision of the Court, in 

which Judge Jennifer B. Campbell and Judge James P. Beene joined.

C R U Z, Presiding Judge:

¶1 This appeal is filed in accordance with Anders v. California, 386 

U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969). Counsel for Jonathan 

Jamal Jones has advised this Court that counsel found no arguable 

questions of law and asks us to search the record for fundamental error. 

Jones was convicted of disorderly conduct. Jones was given an opportunity 

to file a supplemental brief in propria persona; he has not done so. After 

reviewing the record, we affirm Jones’ conviction and sentence.

FACTUAL AND PROCEDURAL HISTORY

¶2 We view the facts in the light most favorable to sustaining the 

judgment and resolve all reasonable inferences against Jones. See State v. 

Fontes, 195 Ariz. 229, 230, ¶ 2 (App. 1998).

¶3 On December 10, 2016, Jones checked himself into Honor 

Health Osborn Medical Center for stomach pains. On December 11, during 

the course of receiving treatment, Jones started to swear, yell, and otherwise 

disrupt hospital staff and other patients. Security officers R.H., L.S., and 

security supervisor J.S. were called to calm Jones down. During the 

altercation, Jones placed his hand, holding his cell phone, in R.H.’s face,

causing R.H. to remove Jones’ hand and cell phone from his face. Jones 

claimed R.H. assaulted him, which resulted in security staff calling police 

per hospital policy. Throughout the encounter, Jones swore, yelled, and 

was belligerent and abrasive to staff. Jones then removed an IV from his 

arm and attempted to leave the hospital, against the medical advice of the 

nurses.

¶4 Security supervisor J.S. escorted Jones to the first floor, where 

he was met by police. Jones continued to swear and yell, and refused to 

provide his name. Due to his behavior, police officers C.L., G.M., and

Sergeant C.D., arrested Jones. While attempting to place Jones in a patrol 

car, Jones kicked C.D. in the leg.
STATE v. JONES

Decision of the Court

3

¶5 Jones was charged with one count of aggravated assault, a 

Class 5 felony, against a peace officer, and one count of disorderly conduct, 

a Class 1 misdemeanor.

¶6 At trial, the hospital security officers testified that Jones 

swore, yelled, and was verbally abusive, disrupting other patients, staff, 

and hospital visitors. The officers testified they attempted to calm Jones 

down but that Jones was uncooperative. Security officer R.H. testified that 

Jones’ hand came within an inch or two of his face.

¶7 Officer C.L. testified he responded to Honor Health for a 

disturbance. C.L. testified Jones refused to give him his name, and 

continued to be disruptive and swear. Sergeant C.D. testified that Jones 

swore loudly. Both C.L. and C.D. testified that Jones kicked C.D., though

C.D. stated the kick left no bruise or injury, C.L. testified he did not believe 

the kick was strong enough to have any force behind it, and officer G.M.

testified he believed he witnessed Jones lose his balance rather than kick 

C.D.

¶8 Jones testified he was upset with hospital staff because he was 

in pain, admitted to cursing and yelling, and stated that hospital security 

assaulted him by grabbing his phone and told him he had to leave. Jones 

testified he did not kick Sergeant C.D., but that he only reacted

involuntarily when the officers were trying to restrain him.

¶9 At the close of the State’s case, Jones moved for a judgment of 

acquittal, which was denied. The jury found Jones not guilty as to count 

one, aggravated assault, but guilty as to count two, disorderly conduct. The 

superior court conducted the sentencing hearing in compliance with Jones’ 

constitutional rights and Arizona Rule of Criminal Procedure 26, and

sentenced Jones to twelve months’ supervised probation.

¶10 Jones timely appealed. We have jurisdiction pursuant to 

Article 6, Section 9, of the Arizona Constitution, and Arizona Revised 

Statutes sections 12-120.21, 13-4031, and -4033.

DISCUSSION

¶11 We review Jones’ conviction and sentence for fundamental 

error. See State v. Flores, 227 Ariz. 509, 512, ¶ 12 (App. 2011). Counsel for 

Jones has advised this Court that after a diligent search of the entire record, 

counsel has found no arguable question of law. We have read and 

considered counsel’s brief and fully reviewed the record for reversible 

error, see Leon, 104 Ariz. at 300, and find none. The record reveals counsel 
STATE v. JONES

Decision of the Court

4

represented Jones at all stages of the proceedings, and all of the proceedings 

were conducted in compliance with the Arizona Rules of Criminal 

Procedure. We decline to order briefing and affirm Jones’ conviction and 

sentence.

¶12 Upon the filing of this decision, defense counsel shall inform 

Jones of the status of the appeal and of his future options. Counsel has no 

further obligations unless, upon review, counsel finds an issue appropriate 

for submission to the Arizona Supreme Court by petition for review. See 

State v. Shattuck, 140 Ariz. 582, 584-85 (1984). Jones shall have thirty days 

from the date of this decision to proceed, if he desires, with a pro per motion 

for reconsideration or petition for review.

CONCLUSION

¶13 For the foregoing reasons, we affirm Jones’ conviction and 

sentence.