State v. McQueen

── State v. McQueen ── Court: Court of Appeals of Arizona Date: May 20, 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. NOAH JACOB MCQUEEN, Appellant. No. 1 CA-CR 25-0263 FILED 05-20-2026 Appeal from the Superior Court in Maricopa County No. CR2024-123702-001 The Honorable Monica Edelstein, Judge AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Michael O’Toole Counsel for Appellee Maricopa County Public Defender’s Office, Phoenix By Joshua Messick Counsel for Appellant  STATE v. MCQUEEN Decision of the Court MEMORANDUM DECISION Judge Cynthia J. Bailey delivered the decision of the Court, in which Presiding Judge Daniel J. Kiley and Judge D. Steven Williams joined. B A I L E Y, Judge: ¶1 Noah Jacob McQueen appeals his convictions and sentences for aggravated assault, resisting arrest, and false reporting to law enforcement. For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 We view the facts in the light most favorable to sustaining the jury’s verdicts. See State v. Reaves, 252 Ariz. 553, 558, ¶ 2 (App. 2022). ¶3 On May 16, 2024, patrolling officers saw McQueen in “a little section . . . behind the dumpsters” in a CVS parking lot. The officers approached McQueen, who initially provided a false name. When the officers could not identify him, they told McQueen they would detain him and he “started to run.” The officers quickly grabbed McQueen, who struggled against their attempts to restrain and handcuff him. McQueen “was able to get his elbow up and hit [one officer] across the nose,” and the officer responded by striking McQueen in the face. During the struggle, McQueen was told “numerous times” to stop resisting arrest. Once McQueen was handcuffed, the fire department arrived and performed a preliminary medical evaluation, after which McQueen chose to be transported by ambulance to the hospital. An officer who accompanied McQueen in the ambulance alleged McQueen threatened him in the ambulance and again at the hospital. McQueen later kicked an officer in the neck while handcuffed to a hospital bed. ¶4 McQueen was charged with two counts of aggravated assault, one count of resisting arrest, one count of false reporting to law enforcement, and one count of threatening or intimidating. The superior court found McQueen indigent and appointed counsel. However, in November 2024 the court permitted the appointed counsel to withdraw based on communication problems. McQueen then waived his right to counsel and asked to represent himself. The superior court found McQueen’s waiver of counsel was knowing, intelligent, and voluntary; 2  STATE v. MCQUEEN Decision of the Court granted his request to self-represent; and appointed advisory counsel. Before trial, the superior court granted McQueen’s request to assign an investigator to his case. ¶5 At his February 2025 jury trial, McQueen chose to defer his opening statement until after the State presented its evidence. During the State’s case, McQueen provided a supplemental disclosure noticing the court-appointed investigator as a witness. The superior court found this disclosure was untimely and precluded the investigator from testifying. After the State rested, the superior court asked McQueen whether he would present any evidence. H