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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

JAMIE LAMONT TERRY, Appellant. 

No. 1 CA-CR 17-0118 

Appeal from the Superior Court in Maricopa County

No. CR2016-102001-001 

The Honorable Peter C. Reinstein, Judge

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Joseph T. Maziarz 

Counsel for Appellee 

Maricopa County Office of the Legal Advocate, Phoenix

By Frances J. Gray 

Counsel for Appellant

FILED 12-19-2017
STATE v. TERRY

Decision of the Court

2 

MEMORANDUM DECISION

Presiding Judge Paul J. McMurdie delivered the decision of the Court, in 

which Judge Peter B. Swann and Judge Samuel A. Thumma joined.

M c M U R D I E, Judge:

¶1 Jamie Lamont Terry appeals his convictions of aggravated 

assault and assault and the resulting sentences. Terry’s counsel filed a brief 

in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 

104 Ariz. 297 (1969), certifying that, after a diligent search of the record, she

found no arguable question of law that was not frivolous. Terry was given 

the opportunity to file a supplemental brief, but did not do so. Counsel asks 

this court to search the record for arguable issues. See Penson v. Ohio, 488 

U.S. 75 (1988); State v. Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999). After 

reviewing the record, we affirm Terry’s convictions and sentences. 

FACTS AND PROCEDURAL BACKGROUND

¶2 Terry and T.P. had been in a romantic relationship for seven 

years. T.P. ended the relationship in early January 2016, moved away from 

Terry into her parent’s house, and did not respond to Terry’s calls. 

¶3 On January 13, 2016, around 8:30 p.m., T.P. was walking

home from visiting a friend when Terry approached her. Terry angrily told 

T.P.: “Bitch, I’ll kill you.” Terry grabbed T.P. by her throat with both hands 

and began squeezing. Unable to breathe, T.P. blacked out and woke up 

lying on the ground. T.P. had urinated on herself and was having trouble

breathing. Terry told her to get up and follow him. Fearing for her life, T.P. 

complied. Terry took T.P. to a parking lot behind a closed business and 

punched her at her temple with his fist, telling her she would die that night. 

Terry proceeded to kick T.P. multiple times, slapping her, calling her 

names, throwing landscaping gravel on her, and spitting at her. Terry 

urinated on T.P.’s face and head, and threatened her by saying: “I’ll stab the 

shit out of you,” while holding an opened knife in his hand. 

¶4 Terry did not kill T.P., and T.P. was later examined by a 

forensic nurse, who documented T.P.’s injuries. The nurse testified as an 

expert that 10 seconds of light pressure on the larynx will render a person 

unconscious, and 15 seconds of pressure on the carotid artery can result in 
STATE v. TERRY

Decision of the Court

3 

loss of control of the bladder sphincter. Terry made statements to one of his 

family members acknowledging that he had assaulted T.P. 

¶5 Terry was indicted on four counts: Kidnapping, a Class 2 

felony (Count 1); Aggravated Assault, a Class 4 felony (Count 2); 

Aggravated Assault, a Class 3 dangerous felony (Count 3); and Assault, a 

Class 1 misdemeanor (Count 4). The State alleged that Counts 1, 2 and 3 

were domestic violence offenses and filed allegations of prior felony 

convictions and aggravating circumstances. 

¶6 Terry was found competent to stand trial. The first trial ended 

in a mistrial after the jury was unable to reach agreement on any of the four 

counts. Terry’s second trial resulted in the jury deadlocked concerning

Count 1 and the superior court declared a mistrial regarding that count. 

Count 1 was amended to a charge of Influencing a Witness, a Class 5 felony, 

to which Terry later pled no contest. 

¶7 After a seven-day trial, the jury found Terry guilty of 

aggravated assault (Count 2) and assault (Count 4), both domestic violence 

offenses. The jury acquitted Terry on Count 3. The superior court found

Terry had six prior felony convictions and was therefore a Category 3 

offender. 

¶8 The court sentenced Terry to an aggravated term of 11 years’ 

imprisonment on Count 2. The court gave Terry credit for 394 days of 

presentence incarceration. Regarding Count 4, the superior court entered a 

terminal disposition of 394 days. On Count 1, the court suspended the 

imposition of a sentence and placed Terry on probation for a period of 3 

years beginning on his release from prison on Count 2. Terry timely 

appealed. We have jurisdiction pursuant to Article 6, Section 9 of the 

Arizona Constitution, as well as Arizona Revised Statutes (“A.R.S.”) 

§§ 12-120.21(A)(1), 13-4031, and 13-4033(A). 

DISCUSSION

¶9 We have read and considered counsel’s brief and have 

reviewed the record for any arguable issues. See Leon, 104 Ariz. at 300. We 

find none. 

¶10 Terry was present and represented by counsel at all stages of 

the proceedings against him. The record reflects the superior court afforded

Terry his constitutional and statutory rights, and the proceedings were 

conducted in accordance with the Arizona Rules of Criminal Procedure. 

The court conducted appropriate pretrial hearings, and the evidence 
STATE v. TERRY

Decision of the Court

4 

presented at trial and summarized above was sufficient to support the 

jury’s verdicts. Terry’s sentences fall within the range prescribed by law, 

with proper credit given for presentence incarceration.

CONCLUSION

¶11 Terry’s convictions and sentences are affirmed. After the

filing of this decision, defense counsel’s obligations pertaining to Terry’s 

representation in this appeal will end after informing Terry of the outcome 

of this appeal and his future options, unless counsel’s review reveals an

issue appropriate for submission to the Arizona Supreme Court by petition 

for review. See State v. Shattuck, 140 Ariz. 582, 584–85 (1984). On the court’s 

own motion, Terry has 30 days from the date of this decision to proceed, if 

he desires, with a pro se motion for reconsideration or petition for review.