Tim MacDonald (OCM) and Kevin Straiton (RV Rental Business)...........where are they now??

[CanadianNordic28SS]

Has anyone heard where these piece of garbage are these days??
Have they re-surfaced anywhere??

I wonder is these two are Teamed up together somewhere?

They both should be in a Hole in the Desert somewhere.
Let's not forget about these two and keep people aware of them!!

 

[ultra26shadow]

Tim is still in jail. Isn’t he?

 

[JFMFG]

Tim is still in jail. Isn’t he?

I don’t think he got much time.

 

[warpt71]

 

[Mandelon]

NOTICE: NOT FOR OFFICIAL PUBLICATION.UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIALAND MAY BE CITED ONLY AS AUTHORIZED BY RULE. IN THEARIZONA COURT OF APPEALSDIVISION ONESTATE OF ARIZONA,

Respondent, v. TIM MCDONALD, Petitioner .No. 1 CA-CR 22-0047 PRPC Petition for Review from the Superior Court in Mohave County No. CR2018-00572The Honorable Billy K. Sipe, Judge Pro Tempore REVIEW GRANTED; RELIEF DENIED COUNSEL Mohave County Attorney’s Office, Kingman By James M. Schoppmann Counsel for Respondent Tim McDonald, Douglas Petitioner FILED 9-20-2022


STATE v. MCDONALD Decision of the Court 2 MEMORANDUM DECISION Judge Peter B. Swann delivered the decision of the court, in which Presiding Judge Maria Elena Cruz and Judge Angela K. Paton joined. S W A N N, :¶1Tim David McDonald petitions this court for review from the dismissal of his petitions for post-conviction relief. We grant review and deny relief.

FACTS AND PROCEDURAL HISTORY¶2 McDonald was charged with one count of fraudulent schemes and artifices and twenty-two counts of theft. On the state’s motion, the superior court dismissed without prejudice six counts of theft on the first day of trial. The jury found McDonald guilty of one count of theft, a class 3 felony, and not guilty of a second count of theft. The jury was unable to reach a verdict on the remaining counts, so the court declared a mistrial as to those counts. The state did not prove any aggravating factors to the jury.

To avoid a retrial, McDonald pled guilty to attempt to commit fraudulent schemes and artifices, a class 3 felony, and the state agreed to dismiss the remaining charges. The plea agreement stated that though sentencing would be left to the court’s discretion, any prison sentence would be concurrent to the sentence imposed for the theft convictionand would not exceed 4.5 years. After reviewing the plea agreement with McDonald, the court found that his plea was knowingly, intelligently, and voluntarily made and that there was a factual basis to support it.¶4On July16, 2020, the court sentenced McDonald to concurrent prison terms of 3.5 years for the theft conviction and 4.5 years for the fraudulent schemes conviction. McDonald’s trial attorney filed a motion to withdraw the nex tday, which the court granted on July 21.¶5On July 24, McDonald filed atimelynotice of post-conviction relief, alleging thathis attorney coerced him into accepting the plea. Then, on March 9, 2021, McDonald filed a second notice,alleging that his failure to file a timely notice of appeal was not his fault.

STATE v. MCDONALD Decision of the Court3¶6 After holding an evidentiary hearing where McDonald and his trial attorney testified, the court denied post-conviction relief and dismissed the proceedings. McDonald then filed this petition for review.DISCUSSION¶7We review a superior court’s findings of fact after an evidentiary hearing for clear error. State v. Berryman, 178 Ariz. 617, 620 (App. 1994). We defer to the superior court’s determination of witness credibility. State v. Fritz, 157 Ariz. 139, 141 (App. 1988).I. THE SUPERIOR COURT PROPERLY DENIED RELIEF WITH RESPECT TO MCDONALD’S COERCION CLAIM.¶8McDonald asserts that his trial attorney provided ineffective assistance because he coerced him into signing the plea agreement by telling him that the agreement provided the only possibility to receive probation. See Ariz. R. Crim. P. (“Rule”) 33.1(a). To show that he received ineffective assistance of counsel during plea negotiations, a petitioner must prove that counsel “either (1) gave erroneous advice or (2) failed to give information necessary to allow the petitioner to make an informed decision whether to accept the plea.” State v. Donald, 198 Ariz. 406, 413, ¶ 16 (App. 2000).¶ 9At the evidentiary hearing, McDonald’s trial attorney testified that he discussed the pros and cons of accepting the plea agreement with McDonald and advised him that his best chance at probation was to accept responsibility and enter the plea. The superior court found the attorney to be credible. The court further found that based on its own recollection of McDonald’s answers and demeanor during the change of plea colloquy, McDonald understood the parameters of the plea, which included a possible prison sentence of up to 4.5 years. The record shows the court questioned the defendant in accordance with Boykin v. Alabama, 395 U.S. 238 (1969), and McDonald’s responses to those questions indicate that he entered the plea knowingly and voluntarily, see State v. Hamilton, 142 Ariz. 91, 93 (1984).The superior court reasonably concluded that McDonald was not coerced into accepting the plea agreement .II. THE SUPERIOR COURT PROPERLY DENIED RELIEF WITH RESPECT TO MCDONALD’S APPEAL CLAIM.¶10 Next, McDonald asserts that his failure to file a timely notice of appeal was his trial attorney’s fault. See Rule 32.1(f).

STATE v. MCDONALD Decision of the Court4¶11 After sentencing, the superior court orally advised McDonald of his appellate rights, including his right to file a notice of appeal within 20 days. McDonald also signed paperwork explaining his appellate and post-conviction rights, and trial counsel testified at the evidentiary hearing that he discussed those rights with McDonald and informed him that counsel would not represent him on appeal. Counsel further testified that he discussed the possibility of an appeal with McDonald’s girlfriend after sentencing and sent her a link to a self-help website. The attorney denied that McDonald ever told him that he wished to appeal, and McDonald identifies no evidence conflicting with that assertion.¶12The superior court found that though it would have been “better practice” for counsel to file a notice of appeal before withdrawing, McDonald was on notice that counsel would be off the case after sentencing. No evidence showed that McDonald told counsel to initiate an appeal before withdrawing, and McDonald does not allege that he mistakenly believed counsel had filed a notice of appeal. Mere regret that one did not appeal does not establish a cognizable claim under Rule 32.1(f).See State v. Poblete, 227 Ariz. 537, 539–40, ¶ 7 (App. 2011).We detect no error in the superior court’s denial of relief.¶13McDonaldfinally argues in passing that there was ongoing prosecutorial misconduct, and that the court erred by not appointing new counsel after permitting trial counsel to withdraw. Those arguments are waived because they were not first raised before the superior court, and because McDonald neither cites relevant authority nor develops the arguments in any meaningful way. See Rule 33.16(c)(2)(B); State v. Ramirez, 126 Ariz. 464, 468 (App. 1980); State v. Stefanovich, 232 Ariz. 154, 158, ¶ 16 (App. 2013).CONCLUSION¶14We grant review and deny relief.

 

[JFMFG]

Damn he’s already almost out.

 

[82daytona]

Damn he’s already almost out.

Wanna buy a boat?

 

[boatpi]

Maybe Bubba needs to find him and alter his lifestyle

 

[LargeOrangeFont]

Wanna buy a boat?

Everything is fine. He’s a stand up guy.

 

[Joker]

Guy sure didn’t have much integrity.

 

[fat rat]

I don’t even know this guy and don’t like him!

 

[TCHB]

Liars keep lying. Never trust a liar!

 

[Looking Glass]

Liars keep lying. Never trust a liar!

The "Old Saying" "F**K me Once, shame on you. F**K me Twice, shame on me!!

 

[Nightmaresd]

Oh good ole Jason Clark (Canadian Nordic 28SS) lol. The last time we saw you I think you were trying to rip off the oil company you were working for with fake tractor part receipts.. Employee of the month for sure…
I’m sorry Jason we could not do any fake receipts for you or participate in any kind of BS that you had going on.
Good news Jason!! I have located Kevin so you can just take up any problems you may have in person. Word to the wise does not play well with others and actually looks forward to big mouth little pudgy fella’s like you that usually cross the channel when they see him. (True story)
Like every keyboard warrior we look forward to your response, because I guarantee it won’t be in person that’s just not how guys like you were made. Man up or shut up! It’s as simple as that.

 

[whiteworks]

If someone fucked me out of $100k and I had his release date from prison, I’d be picking him up out front and taking it out of his ass. But the reason this guy is still breathing is because he fucked over the nice guys to pay off the not so nice guys.

 

[EmpirE231]

 

[shintoooo]

Oh man, I just got home working on 10/16 tax deadlines and now this.

 

[JFMFG]

This is getting good.

 

[DLC]

I’m surprised The court didn’t ask him who he sold the boats to….

after reading that court Doc…. Did anyone notice that everything was someone else’s fault….


Wanna bet he feels … he did nothing wrong and just got sand bagged !!


what a Dirt Bag !

 

[n2otoofast4u]

And we’re off.

I personally have nothing good to say about Tim. I nearly got fucked by him when he was here in Oregon.

 

[Backlash]

First day of fall.......

 

[pieyed]

McDonaldfinally argues in passing that there was ongoing prosecutorial misconduct, and that the court erred by not appointing new counsel after permitting trial counsel to withdraw. Those arguments are waived because they were not first raised before the superior court, and because McDonald neither cites relevant authority nor develops the arguments in any meaningful way.

This is the way he did business everyday. It was always someone else's fault. He only got me for $4500, but I did get a guilty verdict on my count which he got 3.5 years for. Still haven't seen a cent, F*king Cock

 

[TCHB]

The "Old Saying" "F**K me Once, shame on you. F**K me Twice, shame on me!!

Nothing worse than a liar and crook. Smart liars are dangerous.

 

[Patyacht]

What About Steven LePohon? Is he still in?

 

[RiverDave]

What About Steven LePohon? Is he still in?

Last I heard he was..

 

[RiverDave]

View attachment 1282212

I can’t believe he’s getting out already..

 

[Warlock1]

Wayne should pick him up outside the gate when he is released with the party bus filled with all that he owes money to.....just saying

 

[bonesfab]

Wayne should pick him up outside the gate when he is released with the party bus filled with all that he owes money to.....just saying

Then take him on a tour of the mine shafts in the desert.

 

[JFMFG]

Then take him on a tour of the mine shafts in the desert.

Or to the train station?

 

[RiverDave]

Or to the train station?

Kinda the same thing

 

[LargeOrangeFont]

Not a damn thing is gonna happen to this guy. The guys he stole from have too much to lose.

 

[warpt71]

What About Steven LePohon? Is he still in?

LeProhon got 12.5, gets out 5-10-32. I cant remember how to screen shot on a desk top or else I would post it

 

[FROGMAN524]

Is Gary Taylor of TPI still in the big house?

 

[RiverDave]

Is Gary Taylor of TPI still in the big house?

I believe he got out a long time ago.

 

[RiverDave]

Oh good ole Jason Clark (Canadian Nordic 28SS) lol. The last time we saw you I think you were trying to rip off the oil company you were working for with fake tractor part receipts.. Employee of the month for sure…
I’m sorry Jason we could not do any fake receipts for you or participate in any kind of BS that you had going on.
Good news Jason!! I have located Kevin so you can just take up any problems you may have in person. Word to the wise does not play well with others and actually looks forward to big mouth little pudgy fella’s like you that usually cross the channel when they see him. (True story)
Like every keyboard warrior we look forward to your response, because I guarantee it won’t be in person that’s just not how guys like you were made. Man up or shut up! It’s as simple as that.

Dunno who Kevin Straiton is but this might be him.. lol

 

[USMC2010]

Mine shafts are a bad idea over water. Look up the story from twentynine palms years ago.

 

[rivergames]

The open desert is a big quiet place without cameras.....

 

[RiverDave]

I’m sure with all this talk I’ll get some phone call or letter saying that my website is threatening this douches life etc..

Personally I could care less if someone buddies this prick out in the desert.. I would like to go on record and say it isn’t gonna he me that does it.

I honestly don’t think any of the guys he ripped off will either.

RD

 

[USMC2010]

Some of my Marines way back were running around the desert in the Yuma area while we were out for an operation. Border patrol rolled up on them saying they were setting off alarms for miles. I suppose it isn't like that anymore.

 

[Chili Palmer]

Maybe ol’ Tim just needs a trip to Belize to get himself right.
(A Breaking Bad reference).

 

[COCA COLA COWBOY]

The mafia owned a hunting club outside of the Salton Sea for a long long time. I'm pretty sure there are bodies all around that place. It's like quick sand in many areas.

My brother was a sheriff in that area for a while and he would come across dead bodies from the cartels on the side of the road all the time too.

 

[whiteworks]

I’m sure with all this talk I’ll get some phone call or letter saying that my website is threatening this douches life etc..

Personally I could care less if someone buddies this prick out in the desert.. I would like to go on record and say it isn’t gonna he me that does it.

I honestly don’t think any of the guys he ripped off will either.

RD

Same thing happened recently with local exotic car broker, robbed peter to pay paul and then came up short to the tune of millions. Lots of nice guys left holding the bag on that deal also. The guys that will actually harm these tools get paid as they are a threat, the dudes that won’t take a pound of flesh are not a threat so they get hosed.

 

[MonkeyButt70]

Same thing happened recently with local exotic car broker, robbed peter to pay paul and then came up short to the tune of millions. Lots of nice guys left holding the bag on that deal also. The guys that will actually harm these tools get paid as they are a threat, the dudes that won’t take a pound of flesh are not a threat so they get hosed.

This happened to me many years ago. I purchased a car from a exotic car dealer with cash (major mistake). Took a year to get the title, I sued, I threatened . Only reason I got the title was my wifes client was the head of the commercial DMV in the area. She made a personal visit to the dealership for me. Title showed up 2 days later

 

[JFMFG]

I’m sure with all this talk I’ll get some phone call or letter saying that my website is threatening this douches life etc..

Personally I could care less if someone buddies this prick out in the desert.. I would like to go on record and say it isn’t gonna he me that does it.

I honestly don’t think any of the guys he ripped off will either.

RD

Being owed money isn’t worth life in prison if you ask me lol

 

[Willie B]

… Unbelievable … But at the same time, very believable… Because it happened???…

 

[28Eliminator]

Dunno who Kevin Straiton is but this might be him.. lol

19 counts of grand theft.. “Global RV Solutions”… it appears he took his business plan straight from the Tim McDonald playbook.

 

[HgH Vltg]

Same thing happened recently with local exotic car broker, robbed peter to pay paul and then came up short to the tune of millions. Lots of nice guys left holding the bag on that deal also. The guys that will actually harm these tools get paid as they are a threat, the dudes that won’t take a pound of flesh are not a threat so they get hosed.

CNC?

 

[whiteworks]

CNC?

Here’s a link to an article, there is a rabbit hole of bullshit on the internet if you care to dig in. Cliff notes version, just another criminal fraudster who says it’s everyone else’s fault. Lot of people holding titles for cars they can’t find, and holding cars for titles they don’t have, but no money to be found

Well-Known Supercar Dealer CNC Motors Accused of 'Stealing' Cars in Massive Alleged Fraud

Dozens of owners have come forward to claim CNC sold their cars out from under them and kept the cash.

www.thedrive.com

 

[boatpi]

Cnc, I saw that come in for a long time he’s flipping dealers that do consignments a real risk, you could be left holding the bag in an instant

 

[LargeOrangeFont]

Cnc, I saw that come in for a long time he’s flipping dealers that do consignments a real risk, you could be left holding the bag in an instant

Ray Charles saw that coming when they moved to that new building.

Now it’s a Tesla service center.