State v. Whiteside

── State v. Whiteside ── Case No.: 1 CA-CR 24-0683 Court: Court of Appeals of Arizona Date: March 24, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. DINARR ANTWAIN WHITESIDE, Appellant. Nos. 1 CA-CR 24-0683, 1 CA-CR 24-0684, 1 CA-CR 24-0685, 1 CA-CR 24-0688 (Consolidated) FILED 03-24-2026 Appeal from the Superior Court in Maricopa County Nos. CR2023-001018-001, CR2023-115706-001, CR2024-111017-002, CR2023-115704-001 The Honorable Kristin Culbertson, Judge The Honorable Mark H. Brain, Judge AFFIRMED COUNSEL Law Office of Randal B. McDonald, Phoenix By Randal McDonald Counsel for Appellant Arizona Attorney General’s Office, Phoenix By Gracynthia Claw Counsel for Appellee  STATE v. WHITESIDE 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 Dinarr Antwain Whiteside appeals his convictions and sentences for shoplifting, drug possession, and burglary. For the following reasons, we affirm. FACTUAL AND PROCEDURAL BACKGROUND ¶2 In separate indictments, the State charged Whiteside with one count of shoplifting—CR2023-001018-001 (“Walmart”)—and three counts of burglary in the third degree—CR2023-115706-001 (“Circle K I”); CR2024- 111017-002 (“Walgreens”); and CR2023-115704-001 (“Circle K II”)—alleging he committed a series of retail thefts. In the Walmart indictment, the State also charged Whiteside with one count of possession or use of narcotic drugs, alleging he had fentanyl on his person at the time of his arrest for shoplifting. In all cases, the State alleged aggravating circumstances and that Whiteside had numerous prior felony convictions. ¶3 The superior court consolidated the Circle K I and Circle K II charges for trial (consolidated, “Circle K”), and Walgreens and Walmart were tried separately. Three separate juries found Whiteside guilty as charged. The juries also found the State proved the alleged aggravating circumstances. ¶4 The superior court consolidated all the cases for sentencing. After a trial on prior convictions, the court found Whiteside had seven prior felony convictions and sentenced him to a presumptive term of 2.5 years’ imprisonment on the count of drug possession, a consecutive maximum term of 3 years’ imprisonment on the Circle K I count of burglary, a consecutive presumptive term of 2.5 years’ imprisonment on the Walgreens count of burglary, a consecutive presumptive term of 2.5 years’ imprisonment on the Circle K II count of burglary, and a jail term of six months (time served) on the count of shoplifting. ¶5 Whiteside timely appealed from each case. On the State’s motion, we consolidated the four appeals for appellate disposition. We 2  STATE v. WHITESIDE Decision of the Court have jurisdiction under Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-4031, and -4033(A)(1). DISCUSSION I. Joinder of Charges for Trial ¶6 Whiteside challenges the superior court’s consolidation of Circle K I and Circle K II for trial. First, he contends the two burglary offenses lacked sufficient similarity to justify joinder of the separate charges. Second, he contests the