Opinion
No. 2 CA-CR 2017-0076
10-03-2017
THE STATE OF ARIZONA, Appellee, v. JOHN GRAYLING AGEE, Appellant.
COUNSEL Dean Brault, Pima County Legal Defender By Alex D. Heveri, Assistant Legal 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NOT FOR PUBLICATION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. 31.24. Appeal from the Superior Court in Pima County
No. CR20141082001
The Honorable Casey F. McGinley, Judge Pro Tempore
AFFIRMED
COUNSEL Dean Brault, Pima County Legal Defender
By Alex D. Heveri, Assistant Legal Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Judge Espinosa and Judge Kelly concurred. STARING, Presiding Judge:
The Hon. Virginia C. Kelly, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court.
¶1 After a jury trial, John Agee was convicted of first-degree murder and misdemeanor theft. The trial court sentenced him to a prison term of natural life for murder and time served for theft.
¶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 arguably meritorious 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 asked this court to search the record for error. Agee has not filed a supplemental brief.
¶3 Viewing the evidence in the light most favorable to sustaining the jury's verdicts, State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), we find it sufficient here. In November 2013, after Agee and another person struck the victim with a machete while interrogating him, Agee smashed the victim's head with a rock, killing him; Agee then took items belonging to the victim. See A.R.S. §§ 13-1105(A), 13-1802(A), (G). Agee's sentences are within the statutory range and were properly imposed. See A.R.S. §§ 13-752(A), 13-707(A)(1), 13-1105(D), 13-1802(G).
The jury found the murder was both premeditated and felony murder based on kidnapping or attempted kidnapping. See A.R.S. §§ 13-1105(A)(1), (2), 13-1304(A). --------
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and found none. Accordingly, we affirm Agee's convictions and sentences.