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State v. Johnson

ARIZONA COURT OF APPEALS DIVISION TWO
Aug 1, 2018
No. 2 CA-CR 2017-0338 (Ariz. Ct. App. Aug. 1, 2018)

Opinion

No. 2 CA-CR 2017-0338

08-01-2018

THE STATE OF ARIZONA, Appellee, v. JOHN ADRIAN JOHNSON, Appellant.

COUNSEL Joel Feinman, Pima County Public Defender By Abigail Jensen, Assistant Public Defender, Tucson 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NOT FOR PUBLICATION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. CR20165559001
The Honorable Kenneth Lee, Judge

AFFIRMED

COUNSEL

Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant

MEMORANDUM DECISION

Judge Brearcliffe authored the decision of the Court, in which Presiding Judge Staring and Chief Judge Eckerstrom concurred.

BREARCLIFFE, Judge:

¶1 Following a jury trial, appellant John Johnson was convicted of attempted third-degree burglary of a non-residential structure and three counts of third-degree burglary of a non-residential structure. The trial court sentenced him to presumptive, concurrent prison terms, the longest of which were 2.5 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 she has reviewed the record and has found no "arguably meritorious issue to raise on appeal." Counsel has asked us to search the record for fundamental error. Johnson has not filed a supplemental brief.

¶2 Viewed in the light most favorable to sustaining the verdict, the evidence was sufficient to support the jury's finding of guilt. See State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013). The evidence presented at trial showed Johnson had broken into three businesses and attempted to break into a third; he took money from the register at one business and opened or moved register drawers at two others. We further conclude the sentences imposed are within the statutory limit. See A.R.S. §§ 13-702(D), 13-1001, 13-1506.

¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Johnson's convictions and sentences are affirmed.


Summaries of

State v. Johnson

ARIZONA COURT OF APPEALS DIVISION TWO
Aug 1, 2018
No. 2 CA-CR 2017-0338 (Ariz. Ct. App. Aug. 1, 2018)
Case details for

State v. Johnson

Case Details

Full title:THE STATE OF ARIZONA, Appellee, v. JOHN ADRIAN JOHNSON, Appellant.

Court:ARIZONA COURT OF APPEALS DIVISION TWO

Date published: Aug 1, 2018

Citations

No. 2 CA-CR 2017-0338 (Ariz. Ct. App. Aug. 1, 2018)