State v. Sicari

── State v. Sicari ── Court: Court of Appeals of Arizona Date: May 19, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. JUSTIN M. SICARI, Appellant. No. 1 CA-CR 25-0153 FILED 5-19-2026 Appeal from the Superior Court in Maricopa County No. CR2022-146930-001 The Honorable Mark H. Brain, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Eliza Ybarra Counsel for Appellee Apfel Law Group, Phoenix By Seth M. Apfel Counsel for Appellant  STATE v. SICARI Decision of the Court MEMORANDUM DECISION Judge Angela K. Paton delivered the decision of the Court, in which Presiding Judge Michael S. Catlett and Judge Jennifer M. Perkins joined. P A T O N, Judge: ¶1 Justin Sicari (“Sicari”) appeals his convictions and sentences for kidnapping, two counts of simple assault, and aggravated assault as a dangerous offense. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 We view the facts in the light most favorable to upholding the jury’s verdict. State v. Reaves, 252 Ariz. 553, 558, ¶ 2 (App. 2022). ¶3 On December 10, 2022, Sicari picked up his girlfriend, Martha , for dinner after her first day of a week-long therapy program. The 1 two argued at the restaurant, and Sicari dropped Martha off at her hotel. Martha later went to Sicari’s condominium, despite him warning her not to. Martha testified she wanted to see Sicari because she loved him and worried about being punished later if she did not go. ¶4 Upon her arrival, the two argued in front of Sicari’s roommate. His roommate soon left, after which Sicari “grabbed [Martha] by [her] shoulders and threw [her] across the room,” where she landed on her side. He then kicked Martha all over her body, including on her stomach, face, and the back of her head. He told Martha that “if [she] didn’t shut the fuck up that he would kill [her]” and would “start breaking [her] fingers one at a time.” He got on top of her, banged her head on the tile, and strangled her. He eventually stopped strangling her, told her to sit down on the edge of the couch in the living room, picked up a gun from the coffee table in the same room and pointed it at “the temple of [her] head” while threatening to kill her children and friends. Martha estimated he hit her in the head 50-60 times. He eventually told her that “if [she] want[ed] to live and get the fuck out, run,” which she did. 1 We use a pseudonym to protect the victim’s identity. See Ariz. R. Sup. Ct. 111(i). 2  STATE v. SICARI Decision of the Court ¶5 Martha went to the emergency room after stopping at her hotel to grab a few items. Her treating doctor was a mandatory reporter who directed a staff person to call the police. But at that time, Martha was unwilling to tell the officer about what caused her injuries. Martha continued to communicate with Sicari and texted him that she loved him. ¶6 A few days later, on December 13, 2022, Martha contacted police, and an officer responded to take a report from her regarding the incident. That same day, Martha phoned Sicari and recorded their conversation on her iPad. ¶7 The State charged Sicari with kidnapping (count 1), aggravated assault (count 2), aggravated assault with a serious physical injury (count 3), aggravat