Opinion
No. 2 CA-CR 2015-0074
08-10-2015
COUNSEL Flores & Clark, LLC, Globe By Daisy Flores 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NOT FOR PUBLICATION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 Pinal County
No. S1100CR201301866
The Honorable Dwight P. Callahan, Judge
AFFIRMED
COUNSEL Flores & Clark, LLC, Globe
By Daisy Flores
Counsel for Appellant
MEMORANDUM DECISION
Judge Howard authored the decision of the Court, in which Presiding Judge Vásquez and Judge Kelly concurred. HOWARD, 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 the supreme court. --------
¶1 After a jury trial, appellant Valerie Alcala was convicted of aggravated assault with a deadly weapon or dangerous instrument. The jury found the offense was a dangerous, domestic-violence offense. The trial court sentenced Alcala to the minimum five-year prison term.
¶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 she asks this court to search the record for error. Alcala has not filed a supplemental brief.
¶3 Viewing the evidence in the light most favorable to sustaining the verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports the jury's determinations. During a 2013 dispute, Alcala stabbed her sister in the back with scissors. See A.R.S. §§ 13-105(12), (13), 13-1203, 13-1204(A)(2), 13-3601(A)(4). Her prison term is within the statutory limit and was imposed properly. A.R.S. §§ 13-704(A), 13-1204(D).
¶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) (Anders requires court to search record for fundamental error). Accordingly, we affirm Alcala's conviction and sentence.