State v. Zinsmeyer

1 Appellant Dean Zinsmeyer appeals his convictions and sentences for theft of a means of transportation and third-degree burglary. He argues the trial court improperly admitted statements he had made during interviews with police because he had invoked his right to counsel and had not knowingly and voluntarily waived his right to remain silent. He additionally asserts the prosecutor improperly vouched for witnesses and the court had considered invalid aggravating factors in sentencing. Zinsmeyer also contends his conviction for third-degree burglary was unsupported by the evidence and, alternatively, the third-degree burglary statute, A.R.S. § 13-1506(A)(1), is unconstitutionally vague. Finally, he argues the court at sentencing improperly entered a criminal restitution order including attorney fees and an indigent assessment fee. We vacate the criminal restitution order and Zinsmeyers sentence for theft, but affirm both of his convictions and his sentence for third-degree burglary.