State v. Gordillo

── State v. Gordillo ── Court: Court of Appeals of Arizona Date: May 13, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. NOEL JESUS GORDILLO, Appellant. No. 1 CA-CR 25-0115 FILED 05-13-2026 Appeal from the Superior Court in Maricopa County No. CR2023-111151-001 The Honorable Geoffrey H. Fish, Judge AFFIRMED COUNSEL Arizona Attorney General's Office, Phoenix By Michael T. O'Toole Counsel for Appellee Bain & Lauritano, P.L.C., Glendale By Amy E. Bain Counsel for Appellant  STATE v. GORDILLO Decision of the Court MEMORANDUM DECISION Judge James B. Morse Jr. delivered the decision of the Court, in which Presiding Judge Andrew M. Jacobs and Judge Brian Y. Furuya joined. M O R S E, Judge: ¶1 Noel Jesus Gordillo ("Gordillo") appeals his conviction for second-degree murder. For the following reasons, we affirm. FACTS AND PROCEDURAL BACKGROUND 1 ¶2 On March 5, 2023, at around 8:00 p.m., "John"2 rode his bike near 28th Drive and West Cactus Road and stopped to speak with Gordillo's sister. During the conversation, Gordillo approached the pair, took John's bike, and rode off. John felt nervous and left to find his friend ("Michael") to warn him that he might be in danger. John found Michael and tried to get his attention. But Gordillo then rode the stolen bicycle to Michael, pointed a gun, yelled "hey, Michael," and shot him. ¶3 Michael ran across the street into a restaurant. He bled from his mouth and collapsed onto a table and then the floor. He then stood up and left the restaurant, leaving a backpack on the floor, and ran across the street, leaving a trail of blood. Michael entered a convenience store holding his bloody jaw and collapsed. Michael later died from the gunshot wound to his head. ¶4 John followed Michael to the restaurant and grabbed the backpack. John then followed Michael to the convenience store, but the employees had locked the doors and did not allow John to enter. John later retrieved Michael's scooter from near where he had been shot and returned the scooter and backpack to Michael's girlfriend. The next day, John retrieved his stolen bicycle from Gordillo's sister and had his friend call "Silent Witness"—an anonymous tip line—to report the shooting. 1 We view the evidence in the light most favorable to sustaining the verdict and resolve all reasonable inferences against Gordillo. See State v. Stroud, 209 Ariz. 410, 412, ¶ 6 (2005). 2 We use pseudonyms to protect the privacy of victims and witnesses. 2  STATE v. GORDILLO Decision of the Court ¶5 Eventually, on March 14, 2023, John chose to speak with the police because he felt he "had to do what's right." John identified Gordillo from a photographic lineup, and, on March 15, 2023, Gordillo was arrested. ¶6 The State charged Gordillo with second-degree murder and, after a fifteen-day trial, a jury convicted him. The trial court sentenced Gordillo to 20 years in prison. Gordillo timely appealed and we have jurisdiction under A.R.S. §§ 12-120.21(A)(1), 13-4031, and -4033(A)(1). DISCUSSION ¶7 On appeal, Gordillo challenges the denial of his motion for new trial. Gordillo also contends the court erred by allowing a detective to testify as an expert withou