State v. Grooms

OPINION

BIRDSALL, Presiding Judge.

The appellant was convicted of custodial interference, A.R.S. § 13-1302, and was given an aggravated sentence of 1.875 years’ imprisonment. He argues on appeal that the trial court should have directed a verdict since there was no evidence that the child had been “entrusted by authority of law to the custody of another person.” He also contends that his sentence should not have been aggravated. We affirm the conviction but modify the sentence to the presumptive term of 1.5 years.

The appellant was married to the mother of a one-year-old boy, Jayson. She was in…