Opinion
No. 1 CA-CR 15-0060
02-02-2016
STATE OF ARIZONA, Appellee, v. WILLIAM CHARLES ANDREW REED, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Office of the Legal Advocate, Phoenix By Xochitl Orozco Counsel for Appellant
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR2014-125156-001
The Honorable Karen A. Mullins, Judge
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Office of the Legal Advocate, Phoenix
By Xochitl Orozco
Counsel for Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Lawrence F. Winthrop joined.
THOMPSON, Judge:
¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for William Charles Andrew Reed (defendant) has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, but he has not done so.
¶2 One evening in May 2014, L.M. returned home to find numerous items in her garage and within her home out of place. She found a cart outside the home stacked with items from the garage. L.M. entered the house and found defendant, a person whom she did not know, completely naked. She told him to leave. Defendant argued with L.M. and refused to leave, stating that he needed to shower. Subsequently, defendant grabbed L.M.'s keys out of her hands and left the premises. L.M. called the police.
¶3 Later that night, S.D., a resident of a nearby apartment complex, saw defendant open the door to her apartment and come running in. Defendant ran to the kitchen and jumped out a window. S.D.'s roommate, A.F., chased after defendant. Defendant tried to jump onto the roof of another apartment, crashed into a wall, and remained on the ground until police arrived.
¶4 The state charged defendant with one count of burglary in the second degree, a class 3 felony, and one count of trespass in the first degree, a class 6 felony. A jury convicted defendant of both counts. In an aggravation phase for count 1 the jury found that defendant was on probation at the time of the offense, there was physical, financial or emotional harm to the victim, L.M. was over the age of 65, and there was more than one victim. In an aggravation phase for count 2 the jury found that defendant was on probation at the time of the offense, there was
financial harm to the victim, and there was more than one victim. The trial court found that defendant had one prior felony conviction and sentenced him to 6.5 years in prison for count 1 and 1.75 years in prison for count 2, to be served concurrently. The court gave defendant credit for 340 days of presentence incarceration.
¶5 We have read and considered defendant's Anders brief, and we have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end. Defendant has thirty days from the date of this decision in which to proceed, if he so desires, with an in propria persona motion for reconsideration or petition for review.
¶6 We affirm the convictions and sentences.