State v. Backus

── State v. Backus ── Court: Court of Appeals of Arizona Date: May 08, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. SCOTT BACKUS, Appellant. No. 1 CA-CR 24-0238 FILED 05-08-2026 Appeal from the Superior Court in Yavapai County No. S1300CR202380410 V1300CR202280018 The Honorable Michael R. Bluff, Judge AFFIRMED AS MODIFIED COUNSEL Zickerman Law Office, Flagstaff By Adam Zickerman Counsel for Appellant Scott Backus, Florence Appellant Arizona Attorney General’s Office, Phoenix By Alice Jones Counsel for Appellee  STATE v. BACKUS Decision of the Court MEMORANDUM DECISION Presiding Judge Brian Y. Furuya delivered the decision of the Court, in which Judge D. Steven Williams and Judge Angela K. Paton joined. F U R U Y A, Judge: ¶1 This appeal is filed in accordance with Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297 (1969) for Scott Backus’s conviction and sentence of Failure to Notify Change of Vehicle Information (No. S1300CR202380410) and the revocation and reinstatement of his probation for Possession of Narcotic Drugs (No. V1300CR202280018). Counsel for Backus has found no arguable questions of law and asks us to search the record for fundamental error. Backus filed a supplemental brief, which we have considered. After reviewing the record, we affirm Backus’s conviction and resulting sentences, with a minor modification to his presentence incarceration credit. FACTS AND PROCEDURAL HISTORY ¶2 We view the facts in the light most favorable to sustaining the conviction and resolve all reasonable inferences against Backus. See State v. Fontes, 195 Ariz. 229, 230 ¶ 2 (App. 1998). ¶3 In November 2022, a jury found Backus guilty of Possession of Narcotic Drugs (Fentanyl). Backus was subsequently placed on four years’ supervised probation beginning in May 2023. That same month, Backus met with the Yavapai County Sheriff’s Office (“YCSO”) to complete his sex offender compliance meeting, which was required because of a 2003 conviction in New York for sexual misconduct. While completing his registration, Backus stated he was transient and had no vehicles registered to him. ¶4 Over the next two months, Cottonwood police officers encountered Backus in a black Ford Crown Victoria registered in his name. On July 31, 2023, an officer learned that Backus had registered his vehicle with the Motor Vehicle Division (“MVD”) about two weeks after he completed his sex offender registration but did not inform the YCSO of the vehicle as required. Backus was subsequently arrested on August 1 while sleeping at his mother’s house and charged with two counts of Failure to 2  STATE v. BACKUS Decision of the Court Register as a Sex Offender—one count for failure to report a change of address and one count for failure to report a change of vehicle. ¶5 Backus initially filed a motion to self-represent but later withdrew his motion and requested counsel be appointed. Backus filed another motion for self-representation in October, and the superior court granted the motion after finding Backus’s waiver of his right to counsel was knowing, intelligent, and voluntary. Backus then filed a motion to dismiss, which the court denied. ¶6 Backus also file