Opinion
No. 2 CA-CR 2014-0165
12-04-2014
THE STATE OF ARIZONA, Appellee, v. JAVIER S. ESCARREGA, 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 NOT FOR PUBLICATION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); Ariz. R. Crim. P. 31.24.
Appeal from the Superior Court in Pima County
No. CR20120688001
The Honorable Javier Chon-Lopez, Judge
AFFIRMED
COUNSEL
Law Offices of Cornelia Wallis Honchar, P.C., Tucson
By Cornelia Wallis Honchar
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Miller authored the decision of the Court, in which Chief Judge Eckerstrom and Judge Espinosa concurred.
MILLER, Presiding Judge:
¶1 After a jury trial, Javier Escarrega was convicted of first-degree burglary, arson, and criminal damage in the amount of $10,000 or more. He was sentenced to concurrent prison terms, the longest of which was 11.25 years.
¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting she has reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, 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. Escarrega has not filed a supplemental brief.
¶3 Viewing the evidence in the light most favorable to sustaining the verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports the jury's verdicts. That evidence demonstrates Escarrega and another individual started a gasoline fire inside a barber shop, causing extensive damage. A.R.S. §§ 13-1506(A)(1), 13-1508(A), 13-1602(A)(1), 13-1703(A). Sufficient evidence also supports the trial court's finding that Escarrega has two historical prior felony convictions. A.R.S. §§ 13-105(22), 13-703(C). His prison terms are within the statutory limit and were imposed properly. A.R.S. §§ 13-703(J), 13-1508(B), 13-1602(B)(1), 13-1703(B).
¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985)
(stating Anders requires court to search record for fundamental error). Accordingly, we affirm Escarrega's convictions and sentences.