State v. Togaba

── State v. Togaba ── Case No.: 1 CA-CR 24-0362 Court: Court of Appeals of Arizona Date: March 31, 2026 Category: General 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. JESUS ROLANDO TOGABA, Appellant. No. 1 CA-CR 24-0362 FILED 03-31-2026 Appeal from the Superior Court in Maricopa County No. CR2021-131378-001 The Honorable Michael W. Kemp, Judge, Retired AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Alice Jones Counsel for Appellee Zhivago Law, Phoenix By Kerrie M. Droban Zhivago Counsel for Appellant  STATE v. TOGABA Decision of the Court MEMORANDUM DECISION Judge D. Steven Williams delivered the Court’s decision in which Presiding Judge Daniel J. Kiley and Judge Cynthia J. Bailey joined. W I L L I A M S, Judge: ¶1 Jesus Rolando Togaba appeals his convictions and sentences for six counts of sexual conduct with a minor, three counts of sexual abuse, and one count of attempt to commit sexual conduct with a minor. Togaba’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 questions of law. Counsel asks us to search the record for reversible error. This court granted Togaba the opportunity to file a supplemental brief, but he did not do so. Having reviewed the record, we affirm Togaba’s convictions and sentences. FACTS AND PROCEDURAL BACKGROUND ¶2 We view the evidence in the light most favorable to sustaining the convictions and resolve all reasonable inferences against Togaba. State v. Fontes, 195 Ariz. 229, 230, ¶ 2 (App. 1998). ¶3 In 2012, Togaba met G.C. and began a romantic relationship. A few months later, G.C. and her two daughters, R.C. (born in 2004) and G.N. (born in 2006), moved in with Togaba. In 2014, Togaba and G.C. married. ¶4 When R.C. was in sixth grade, age 11 or 12, Togaba removed her clothing and touched her breast (manually) and genitals (manually and orally). He also “grabbed” her hand and “forc[ed]” her to touch his genitals. When R.C. was in seventh grade, age 13 or 14, Togaba again touched her breasts (manually). When G.N. was age 11 or 12, Togaba removed her clothing and touched her breasts (manually and orally) and genitals (manually and orally). In August 2021, when G.N. was fourteen years old, Togaba touched her genitals (orally). He also took her hand and placed it on his genitals. ¶5 On August 21, 2021, R.C.’s and G.N.’s maternal aunt visited their home and saw R.C. crying in her bedroom. The aunt questioned why R.C. was upset, and R.C. initially refused to discuss the matter, stating only 2  STATE v. TOGABA Decision of the Court “it was something very hurtful.” Because G.C. “was in the room” and the aunt suspected R.C. did not want to share the “hurtful” information with her mother, she decided to type a message for R.C. on her phone, disclosing that she had been sexually abused as a child. When the aunt showed the message to R.C. and asked whether something similar had happened to her, R.C. “shook her head yes.” The aunt then showed the same message to G.N., and G.N. told the aunt she also had been abused, identifying Togaba as her abuser. ¶6 The aunt called the police, and a police officer interviewed G.C., R.C., and G.N. Because G.N. repo