Opinion
No. 2 CA-CR 2017-0201
05-07-2018
THE STATE OF ARIZONA, Appellee, v. RONCO MICHAEL CARDENAS, Appellant.
COUNSEL Law Offices of Cornelia Wallis Honchar P.C., Tucson By Cornelia Wallis Honchar Counsel for Appellant
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.19(e).
Appeal from the Superior Court in Pima County
No. CR20160038001
The Honorable Sean E. Brearcliffe, Judge
AFFIRMED
COUNSEL
Law Offices of Cornelia Wallis Honchar P.C., Tucson
By Cornelia Wallis Honchar
Counsel for Appellant
MEMORANDUM DECISION
Judge Eppich authored the decision of the Court, in which Presiding Judge Vásquez and Judge Espinosa concurred.
EPPICH, Judge:
¶1 After a jury trial, Ronco Cardenas was convicted of second-degree burglary, attempted second-degree burglary, theft of property with a value of greater than $1,000 but less than $2,000, and first-degree trafficking in stolen property. The trial court sentenced him to concurrent and consecutive prison terms totaling twenty-seven years. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting she has reviewed the record but found no arguably meritorious issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, she has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for error. Cardenas has filed a supplemental brief raising numerous arguments.
¶2 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support the verdicts here. In December 2015, Cardenas and another person broke a window of the victim's home, entered, and took several items with a total value in excess of $1,000, including tools and jewelry. See A.R.S. §§ 13-1507(A), 13-1802(A)(1). Cardenas pawned several of the stolen items and later returned to the victim's home and attempted to reenter. See A.R.S. §§ 13-1001(A)(2), 13-1507(A), 13-2307(B). Sufficient evidence also supported the trial court's determination that he had nine prior felony convictions. His sentences are within the statutory range and were lawfully imposed. See A.R.S. §§ 13-703(C), (J), 13-1001(C), 13-1507(B), 13-1802(G), 13-2307(C).
¶3 In his supplemental brief, Cardenas identifies eleven claims of purported error. Many of those claims are, at their core, arguments that the evidence does not support his convictions. As we have noted, we have reviewed the record and found sufficient evidence to support the jury's verdicts. Physical evidence is not necessarily required to corroborate witness testimony, see State v. Cañez, 202 Ariz. 133, ¶ 42 (2002), abrogated in part on other grounds by State v. Valenzuela, 239 Ariz. 299, n.1 (2016), and it is
for the jury to resolve any conflicts in the evidence, State v. Williams, 209 Ariz. 228, ¶ 6 (App. 2004). And, several of Cardenas's claims were not raised below and he has not attempted to demonstrate that fundamental, prejudicial error occurred. See State v. Henderson, 210 Ariz. 561, ¶¶ 19-20 (2005) (argument not raised below reviewed only for fundamental, prejudicial error); State v. Moreno-Medrano, 218 Ariz. 349, ¶ 17 (App. 2008) (appellant waives fundamental error absent argument error is fundamental and prejudicial). Additionally, his claims are unsupported by citation to the record and most are unsupported by citation to relevant authority. See State v. Perez, 233 Ariz. 38, ¶ 10 (App. 2013) (argument "unsupported by authority or citations to the record" is waived). We have nonetheless reviewed his arguments and conclude none warrant relief.
¶4 Pursuant to our obligation under Anders, we have reviewed the arguments Cardenas raised in his supplemental brief and have searched the record for reversible error, and have found no basis to grant relief on appeal. Accordingly, we affirm his convictions and sentences.