Opinion
No. 2 CA-CR 2017-0382
12-12-2018
THE STATE OF ARIZONA, Appellee, v. ROBERT MOLINA, Appellant.
COUNSEL Michael Villarreal, Florence 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NOT FOR PUBLICATION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. S1100CR201700363
The Honorable Kevin D. White, Judge
AFFIRMED
COUNSEL
Michael Villarreal, Florence
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 Robert Molina was convicted of six counts of child molestation, three counts of sexual conduct with a minor, and three counts of sexual abuse. The trial court sentenced him to concurrent and consecutive sentences totaling 138 years' imprisonment. 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 issues" to raise on appeal. Counsel has asked us to search the record for fundamental error. Molina 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); see also A.R.S. §§ 13-1401(3), 13-1404(A), 13-1405(A), 13-1410(A). The evidence presented at trial showed Molina touched C.M.'s genitals and breasts and had intercourse with her when she was fourteen to seventeen years old, touched C.-M.'s breasts and genitals when she was eight years old, touched L.M.'s breasts and genitals when she was four or five years old, touched G.M.'s genitals when she was nine or ten years old, digitally penetrated V.M. when she was twelve years old, and touched V.G.'s breasts and genitals and rubbed her back with his penis when she was five or six years old. We further conclude the sentence imposed is within the statutory limit. See A.R.S. §§ 13-702(D), 13-705(D), (F), (M), 13-1404(C), 13-1405(B), 13-1410(B).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Molina's convictions and sentences are affirmed.