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State v. Alston

ARIZONA COURT OF APPEALS DIVISION TWO
Nov 17, 2014
No. 2 CA-CR 2013-0480 (Ariz. Ct. App. Nov. 17, 2014)

Opinion

No. 2 CA-CR 2013-0480

11-17-2014

THE STATE OF ARIZONA, Appellee, v. JILES KAILAN ALSTON, Appellant.

COUNSEL Lori J. Lefferts, Pima County Public Defender By Michael J. Miller, 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NOT FOR PUBLICATION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); Ariz. R. Crim. P. 31.24.

Appeal from the superior Court in Pima County
No. CR20121210001
The Honorable Deborah Bernini, Judge

AFFIRMED

COUNSEL

Lori J. Lefferts, Pima County Public Defender
By Michael J. Miller, Assistant Public Defender, Tucson
Counsel for Appellant

MEMORANDUM DECISION

Judge Howard authored the decision of the Court, in which Presiding Judge Kelly and Judge Vásquez concurred.

HOWARD, Judge:

¶1 Following a jury trial, appellant Jiles Alston was convicted of aggravated assault, a dangerous nature offense involving a firearm, and was sentenced to a mitigated, five-year prison term. 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 he has reviewed the entire record but found no "arguably meritorious issue to raise on appeal." He asks this court to search the record for fundamental error. Alston has not filed a supplemental brief. We affirm.

¶2 Viewed in the light most favorable to sustaining the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), the evidence established that in February 2012, Alston fired shots at the victim in the parking lot of a Tucson apartment complex while the victim was seeking assistance to "jump [start]" the battery in his vehicle, causing the victim to "r[u]n for [his] life." We conclude ample evidence supported the jury's finding of guilt, see A.R.S. § 13-1204(A)(2), (D), and the sentence imposed was within the statutory limit, see A.R.S. § 13-704(A).

¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985). Therefore, we affirm Alston's conviction and sentence.


Summaries of

State v. Alston

ARIZONA COURT OF APPEALS DIVISION TWO
Nov 17, 2014
No. 2 CA-CR 2013-0480 (Ariz. Ct. App. Nov. 17, 2014)
Case details for

State v. Alston

Case Details

Full title:THE STATE OF ARIZONA, Appellee, v. JILES KAILAN ALSTON, Appellant.

Court:ARIZONA COURT OF APPEALS DIVISION TWO

Date published: Nov 17, 2014

Citations

No. 2 CA-CR 2013-0480 (Ariz. Ct. App. Nov. 17, 2014)