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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

LEIGHTON LIONELL WARD, Appellant.

No. 1 CA-CR 18-0629

Appeal from the Superior Court in Mohave County

No. S8015CR201700817

The Honorable Richard D. Lambert, Judge

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Eliza Ybarra

Counsel for Appellee

Mohave County Legal Advocate, Kingman

By Jill L. Evans, Aaron Michael Demke

Counsel for Appellant

FILED 2-27-2020
STATE v. WARD

Decision of the Court

2

MEMORANDUM DECISION

Judge Joshua Rogers1 delivered the decision of the Court, in which Acting 

Presiding Judge David D. Weinzweig and Judge Peter B. Swann joined.

R O G E R S, Judge:

¶1 Leighton Lionell Ward appeals his convictions and sentences 

for two counts of fraudulent schemes and artifices, one count of theft, eight

counts of forgery, four counts of preparing false documents for filing, and 

three counts of recording a false document. 

FACTS2 AND PROCEDURAL BACKGROUND

¶2 Ward, who refers to himself as “[F]ull colon Leighton hyphen 

Lionell colon Ward[,]” specializes in grammar syntax, which he applies to 

contracts and other documents to correct their false and misleading

statements. He does so, he claims, by assigning numerical values to the 

documents’ text and extracting the code. The result, according to Ward, is 

that the documents’ grammar becomes “mathematically correct,” thus 

illustrating that the uncorrected documents have no legal effect. Ward 

offers his services to clients, promising to correct documents such as deeds 

of trust, which he then uses as “forensic evidence of [fraud]” to support 

lawsuits he files against lenders in a fictitious Federal Postal Court

(“FPC”).3 There, he obtains final default judgments, which he forwards to 

the Department of Justice and other federal agencies for enforcement.

1 The Honorable Joshua Rogers, Judge of the Arizona Superior Court, 

has been authorized to sit in this matter pursuant to Article VI, Section 3 of 

the Arizona Constitution.

2 Upon review, we view the facts in the light most favorable to 

sustaining the jury’s verdicts and resolve all inferences against Ward. State 

v. Payne, 233 Ariz. 484, 509, ¶ 93 (2013). 

3 According to Ward, the FPC “handles cases specifically in regarding 

to the laws of grammar. [I]t’s a foreign court.” Ward claims he is the 

appointed clerk of the FPC. 
STATE v. WARD

Decision of the Court

3

¶3 The Murphys, a married couple, were experiencing financial 

difficulties when Ward sent them a letter explaining he could erase their 

home mortgage and obtain $12,000,000 from the government for them. The 

Murphys paid Ward $3,295 and sent him “mortgage papers and . . . the 

deed of trust to the property.” After the Murphys received notice from the 

Department of Justice denying their claim because it “is incomprehensible 

in its use of an unintelligible syntax language[,]” Ward told the Murphys,

“[A]ll is well.” The Murphys demanded a refund based on Ward’s “100 

percent money back guarantee,” which Ward did not honor.

¶4 Meanwhile, Tony Kovacevic and his business partner Waylon 

Gates purchased a home at a trustee sale. They then commenced an 

eviction action in justice court against the home’s previous owners who 

remained in the home as tenants. The tenants and Ward were friends.

Ward informed Kovacevik that “no one is touching [the tenants’] property

. . . . What [the lender/trustee] and the attorneys have done to you and my 

long-time high school friend [tenant] pisses me off to no end.” Ward 

clouded the home’s title by filing, on different dates, numerous “syntaxed” 

documents with the county. 

¶5 Ward also obtained a copy of the loyalty oath signed by the 

justice of the peace who initially presided over the eviction action. Ward 

made several corrections to the oath: he stamped it with an FPC filing 

stamp, “syntaxed” it, and he provided a website address to view a 

“FRAUDULENT-DUTY-JUDGES-OATH-VIDEO” that illustrated how he

“syntaxed” the oath. Ward also printed the justice of the peace’s home 

address on the first page and mailed her a copy. Ward recorded the revised 

oath with the county.

¶6 The State charged Ward with 19 offenses, alleging groups of 

them were committed on five separate dates. The jury found him guilty of 

two counts of fraudulent schemes and artifices, one count of theft, eight 

counts of forgery, four counts of preparing false documents for filing, and 

three counts of recording a false document, but not guilty of one count of 

deceptive business practices (Count 3). The trial court sentenced Ward to 

time served for the three misdemeanor counts of recording a false 

document (Counts 8, 12, and 16).

¶7 As for the remaining counts, the court ordered as follows: 

Count 1, fraudulent schemes and artifices and Count 2, theft, (Group 1) to 

be served concurrently; Count 4, fraudulent schemes and artifices, Count 5, 

forgery, Count 6, forgery, and Count 7, preparing false documents for 

filing, (Group 2) to be served concurrently to each other, but consecutive to 
STATE v. WARD

Decision of the Court

4

Group 1; Count 9, forgery, Count 10, forgery, and Count 11, preparing false 

documents for filing, (Group 3) to be served concurrently to each other, but 

consecutive to Group 2; Count 13, forgery, Count 14, forgery, and Count 15, 

preparing false documents for filing, (Group 4) to be served concurrently to 

each other, but consecutive to Group 3; and Count 17, forgery, Count 18, 

forgery, and Count 19, preparing false documents for filing, (Group 5) to be 

served concurrently to each other, but consecutive to Group 4. Based on 

the multiple offenses not committed on the same occasion, the trial court 

found Ward was a category 1 repetitive offender for Group 2 and a category 

2 repetitive offender for Groups 3 through 5. Considered together, Ward’s

prison terms total 23.5 years. Ward appeals.

DISCUSSION

I. THE TRIAL COURT DID NOT VIOLATE WARD’S RIGHT TO 

REPRESENT HIMSELF.

¶8 At his initial appearance and arraignment, Ward waived his 

right to counsel. Seven months later, the trial court granted the State’s 

motion to revoke Ward’s self-representation, and the court appointed 

counsel. Ward argues the court thereby violated his right to represent 

himself. We review for abuse of discretion. State v. Gomez, 231 Ariz. 219, 

222, ¶ 8 (2012).

¶9 “The right to counsel under both the United States and 

Arizona Constitutions includes an accused’s right to proceed without 

counsel and represent himself, . . . but only so long as the defendant is able 

and willing to abide by the rules of procedure and courtroom protocol.” Id. 

at ¶ 8 (internal citations and quotation marks omitted).

¶10 The record reveals that during the seven months Ward 

represented himself he repeatedly ignored the trial court’s admonishments

to communicate in a comprehensible fashion. Instead of complying with 

the court’s orders, Ward persisted to use his “syntax” language in

numerous unintelligible “kites” to the court and in making meaningless 

oral arguments, and he otherwise continued to disrupt proceedings. Ward 

also failed to cooperate with mental health experts appointed by the court 

to determine his competency to stand trial.4 See Ariz. R. Crim. P. 11. 

Because of Ward’s disruptive behavior, the court did not abuse its 

discretion in revoking his self-representation and appointing counsel. See 

4 According to the record, Ward communicates in standard English 

when it benefits himself to do so.
STATE v. WARD

Decision of the Court

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Gomez, 231 Ariz. at 223, ¶ 15 (noting trial court “may terminate 

self-representation by a defendant who deliberately engages in serious and 

obstructionist misconduct”) (quoting Faretta v. California, 422 U.S. 806, 834 

n. 46 (1975)).

II. SUFFICIENT EVIDENCE SUPPORTS WARD’S CONVICTION OF 

FRAUDULENT SCHEMES AND ARTIFICES (COUNT 4).

¶11 Ward challenges the sufficiency of evidence supporting one 

of his convictions for fraudulent schemes and artifices (Count 4).

Specifically, Ward argues there was insufficient evidence that he received a 

benefit by filing documents related to the eviction action in justice court.5

¶12 We review a claim of insufficient evidence de novo. State v.

West, 226 Ariz. 559, 562, ¶ 15 (2011). Sufficient evidence may be direct or

circumstantial and “is such proof that reasonable persons could accept as

adequate” to “support a conclusion of defendant’s guilt beyond a

reasonable doubt.” State v. Borquez, 232 Ariz. 484, 487, ¶¶ 9, 11 (App. 2013).

“To set aside a jury verdict for insufficient evidence it must clearly appear

that upon no hypothesis whatever is there sufficient evidence to support

the conclusion reached by the jury.” State v. Arredondo, 155 Ariz. 314, 316

(1987). In evaluating the sufficiency of the evidence, we test the evidence

“against the statutorily required elements of the offense.” State v. Pena, 209

Ariz. 503, 505, ¶ 8 (App. 2005).

¶13 A person commits fraudulent schemes and artifices if he, 

“pursuant to a scheme or artifice to defraud, knowingly obtains any benefit

by means of false or fraudulent pretenses, representations, promises or 

material omissions[.]” A.R.S. § 13–2310 (emphasis added). “‘Benefit’ 

means anything of value or advantage, present or prospective.” A.R.S. 

§ 13–105(3). The benefit obtained is, therefore, broadly defined and not 

restricted to direct pecuniary gain. State v. Henry, 205 Ariz. 229, 233, ¶ 15 

(App. 2003). 

¶14 At a minimum, by clouding the title, Ward obtained a benefit 

for his friends to live in the foreclosed home for three more months. Gates 

testified that the tenants remained in the foreclosed home for three months 

longer than a tenant typically does when the trustee sale involves property 

5 At trial, Ward admitted he created and filed the documents 

underlying Count 4 and the other charges.
STATE v. WARD

Decision of the Court

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with clear title.6 A reasonable jury could also conclude Ward’s obstruction 

of the foreclosure process assuaged his anger resulting from his friends

losing their ownership of the home. See id. at 233, ¶ 13 (concluding a 

defendant’s sexual gratification qualifies as a benefit under § 13–2310). We

therefore reject Ward’s assertion that insufficient evidence supports his 

conviction for Count 4. 

III. THE TRIAL COURT DID NOT ADMIT EVIDENCE IN VIOLATION 

OF ARIZONA RULES OF EVIDENCE 403 AND 404(B).

¶15 Ward argues the trial court erred in allowing the State to 

introduce evidence during rebuttal that showed Ward never succeeded in 

obtaining money for clients via his “syntax grammar” scheme. Ward 

contends the rebuttal evidence constituted improper other-act evidence 

under Rule 404(b) that was also unduly prejudicial under Rule 403. Ward 

did not object to the State’s evidence at trial; thus, we review for 

fundamental error. State v. Escalante, 245 Ariz. 135, 140, ¶ 12 (2018).

¶16 Ward’s argument is without merit. He admitted at trial that 

the State’s evidence was admissible to rebut his direct testimony that his 

clients’ claims succeed, and the “correct sentence structure lawsuit[s]” “get 

paid.” Because of Ward’s testimony, the State could properly introduce 

rebuttal testimony by investigators who located several of Ward’s clients

locally and throughout the United States and found no one whose “claim” 

resulted in a monetary settlement. See State v. Cook, 172 Ariz. 122, 124–25 

(App. 1992) (upholding the admission of otherwise inadmissible testimony 

when the defendant opened the door, making the evidence “highly relevant 

and admissible,” and the testimony was “elicited solely for the purpose of 

rebutting” the misimpression created by the defendant). No error, 

fundamental or otherwise, occurred. See Escalante, 245 Ariz. at 142, ¶ 21 

(first step in fundamental error review is determining whether error 

occurred).

IV. THE TRIAL COURT DID NOT ERR BY FAILING TO SUBMIT THE 

FINDING OF MULTIPLE OFFENSES NOT COMMITTED ON THE 

SAME OCCASION TO THE JURY.

¶17 Ward contends the trial court should have required the jury 

to determine whether the groups of offenses relating to the five separate 

6 We recognize that the terms “foreclosure” and “trustee sale” 

technically refer to distinct legal transactions. Nevertheless, as the parties 

did at trial, we use them interchangeably. 
STATE v. WARD

Decision of the Court

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dates were not committed on the same occasion. Because the court did not 

do so, Ward argues his sentences were improperly enhanced under the 

repetitive offender statute. See A.R.S. § 13–703(A). Ward did not object to 

the State’s pre-trial notice both that the offenses alleged in specific counts 

were committed on occasions separate from the other offenses with 

different dates and thus “there is no need for a specific finding by the jury 

if inherent in the verdict.” Accordingly, Ward is not entitled to relief absent 

fundamental error. 

¶18 Although enhanced sentencing based on a defendant’s 

multiple convictions generally requires a jury to find the offenses were 

committed on different occasions, that specific finding is unnecessary if it 

is inherent in the verdicts. State v. Flores, 236 Ariz. 33, 35, ¶ 5 (App. 2014). 

Here, the indictment and the verdict forms listed the date for each offense. 

Thus, by finding him guilty, the jury determined that each date Ward 

committed offenses constituted an occasion different from the dates of the 

other groups of offenses. See id. at 35–36, ¶¶ 7–9 (where verdict forms 

indicate jury found defendant guilty of offenses “as alleged” in indictment, 

which in turn specified different dates in each count, the jury implicitly 

found the facts necessary to determine defendant committed the offenses 

on separate occasions). We therefore find no error, let alone fundamental 

error, in Ward’s enhanced sentences.7

V. WARD’S SENTENCE DOES NOT VIOLATE THE PROHIBITION 

AGAINST MULTIPLE PUNISHMENTS.

¶19 Finally, Ward argues his sentence violates the prohibition 

against double punishment. See A.R.S. § 13–116 (“An act or omission which 

is made punishable in different ways by different sections of the laws may 

be punished under both, but in no event may sentences be other than 

concurrent.”). We reject this argument. The record reflects Ward received 

concurrent sentences for those offenses committed on the same dates. The 

trial court imposed consecutive sentences only for groups of offenses that 

occurred on dates different from the other groups of offenses. Because the 

offenses that were committed on different dates were separate acts, State v. 

7 Ward concedes that his conviction on Count 4 was unnecessary to 

“move Counts 9–19 (excluding the misdemeanors) into a category two 

sentencing range.” We therefore need not address whether Count 4’s 

allegation of a date range, rather than a specific date, somehow amounted 

to fundamental error. See Escalante, 245 Ariz. at 142, ¶ 21 (defendant has 

burden to establish fundamental error resulted in prejudice).
STATE v. WARD

Decision of the Court

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Bush, 244 Ariz. 575, 596, ¶ 92 (2018), A.R.S. § 13–116 does not apply to 

require concurrent sentences. 

¶20 Alternatively, Ward argues Count 4 alleges a date range that 

includes the specific dates alleged in Counts 5-19, and thus his sentences for 

Count 4-19 should run concurrently. Inconsistently, Ward also argues 

Count 4’s sentence should run concurrently with the sentences imposed for 

Groups 3, 4, and 5 (i.e., Counts 9-19). Ward does not properly develop this 

argument, nor does he provide supporting authority; thus, we refuse to 

address it. See State v. Moody, 208 Ariz. 424, 452, ¶ 101 n. 9 (2004) (“In 

Arizona, opening briefs must present significant arguments, supported by 

authority, setting forth an appellant’s position on the issues raised.”) 

(quoting State v. Carver, 160 Ariz. 167, 175 (1989)); State v. Sanchez, 200 Ariz. 

163, 166, ¶ 8 (App. 2001) (issue waived because defendant failed to develop 

argument in opening brief).

CONCLUSION

¶21 Ward’s convictions and sentences are affirmed.