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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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

ANTWAIN JEVAR MCCLAIN, Appellant.

No. 1 CA-CR 22-0004

Appeal from the Superior Court in Maricopa County

No. CR2021-118300-001

The Honorable Rosa Mroz, Judge Deceased

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Linley Wilson

Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix

By Mikel Steinfeld

Counsel for Appellant

FILED 10-04-2022
STATE v. MCCLAIN

Decision of the Court

2

MEMORANDUM DECISION

Judge Peter B. Swann delivered the decision of the court, in which Presiding 

Judge Cynthia J. Bailey and Judge D. Steven Williams joined.

S W A N N, Judge:

¶1 This is an appeal under Anders v. California, 386 U.S. 738 

(1967), and State v. Leon, 104 Ariz. 297 (1969), from Antwain Jevar McClain’s 

misdemeanor convictions and sentences. Neither McClain nor his counsel 

identify any issues for appeal. We have reviewed the record for 

fundamental error. See Smith v. Robbins, 528 U.S. 259 (2000); Anders, 386 U.S. 

738; State v. Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999). We find none.

¶2 At a bench trial, the state presented evidence that on the 

evening of May 16, 2021, McClain approached another man from behind 

and struck him in the face with an open, ring-clad hand, causing a 

laceration. When uniformed police responded to the scene, McClain told 

an officer that he had argued with the other man. McClain cooperated as 

the officer handcuffed him and asked him to sit on a curb. But when told 

that he was under arrest, McClain refused to comply with the officer’s 

instruction to move to a patrol car. He verbally indicated that he would not 

move, and then reclined and made his body dead weight. As officers 

waited for backup to help them transport McClain, they searched him. 

During the search, McClain jerked his body repeatedly, lunged his head at 

one officer’s thigh, and tried to kick and bite another officer. McClain 

verbally confirmed during the interaction that he was trying to bite the 

officer.

¶3 The superior court denied McClain’s motion for a judgment 

of acquittal. The court found McClain guilty of misdemeanor assault under 

A.R.S. § 13-1203(A)(1) and misdemeanor resisting arrest under A.R.S. § 13-

2508(A)(1), and sentenced him to concurrent jail terms equal to his twentytwo days of presentence incarceration.

¶4 We detect no fundamental error. The state presented 

eyewitness testimony that McClain struck and injured another person, and 

body camera footage confirmed the police officers’ testimony that as they 

arrested McClain for the assault, he attempted to use physical force against 

them. That evidence was sufficient to support McClain’s convictions under 
STATE v. MCCLAIN

Decision of the Court

3

A.R.S. §§ 13-1203(A)(1) and -2508(A)(1). McClain waived a presentence 

report and elected not to speak at sentencing. The court stated on the record 

the evidence and factors it relied on in imposing McClain’s sentence, and it 

imposed legal jail terms under §§ 13-1203(B), -2508(B), and 

-707(A)(1).

¶5 We affirm. After the filing of this decision, defense counsel’s 

obligations pertaining to McClain’s representation in this appeal have come 

to an end. See State v. Shattuck, 140 Ariz. 582, 584–85 (1984). Defense counsel 

must only inform McClain of the outcome of this appeal and his future 

options, unless counsel’s review discloses an issue appropriate for 

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

McClain has 30 days from the date of this decision to proceed with a 

petition for review. Ariz. R. Crim. P. (“Rule”) 31.21(b)(2)(A). On this 

court’s own motion, McClain has 30 days from the date of this decision to 

file a motion for reconsideration. See Rule 31.20(c). A timely motion for 

reconsideration will extend the deadline to file a petition for review. See 

Rule 31.21(b)(2)(A).