Opinion
No. 2 CA-CR 2017-0018
03-02-2018
THE STATE OF ARIZONA, Appellee, v. LESTER DEARING, Appellant.
COUNSEL Rowley Long & Simmons PLLC, Scottsdale By Matthew S. Long 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NOT FOR PUBLICATION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 Pinal County
No. S1100CR201503997
The Honorable Joseph R. Georgini, Judge
AFFIRMED
COUNSEL
Rowley Long & Simmons PLLC, Scottsdale
By Matthew S. Long
Counsel for Appellant
MEMORANDUM DECISION
Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Staring and Judge Brearcliffe concurred.
ECKERSTROM, Chief Judge:
¶1 Following a jury trial, appellant Lester Dearing was convicted of aggravated assault, a dangerous, domestic-violence offense. The trial court found Dearing had two or more historical prior felony convictions and sentenced him to a presumptive prison term of 11.25 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), stating he has reviewed the record and has found no arguable question of law to raise on appeal. Consistent with Clark, he has provided "a detailed factual and procedural history of the case with citations to the record," 196 Ariz. 530, ¶ 32, and he asks this court to search the record for fundamental error. Dearing has not filed a supplemental brief.
¶2 The evidence, viewed in the light most favorable to sustaining Dearing's conviction, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), was sufficient to support the jury's verdicts. See A.R.S. §§ 13-105(12), (13), 13-1203(A)(2), 13-1204(A)(2), 13-3601(A)(1). During the course of an argument with A.M., with whom he lived, Dearing swung an axe at her and said he would kill her. We further conclude Dearing's sentence was authorized by statute and imposed in a lawful manner. See A.R.S. §§ 13-105(22)(d), 13-703(C), (J).
¶3 In our examination of the record, we have found no reversible error and no arguable issue warranting further appellate review. See Anders, 386 U.S. at 744. Accordingly, we affirm Dearing's conviction and sentence.