Opinion
No. 1 CA-CR 15-0529
07-19-2016
STATE OF ARIZONA, Appellee, v. JOSE LUIS ARANDA-ROMAN, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Brown & Little, PLC, Tempe By Matthew O. Brown Counsel for Appellant Jose Luis Aranda-Roman, Florence 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2013-004861-001
The Honorable Danielle J. Viola, Judge
AFFIRMED
COUNSEL Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee Brown & Little, PLC, Tempe
By Matthew O. Brown
Counsel for Appellant Jose Luis Aranda-Roman, Florence
Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Judge Peter B. Swann and Judge Samuel A. Thumma 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 Jose Luis Aranda-Roman (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 to conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, and he has done so.
¶2 In December 2012, A.P. attended a barbeque at defendant's house with her boyfriend, J.C. and two of her children. A.P., J.C., and the children stayed at the barbeque until early morning, when defendant offered to drive them home. After arriving home, A.P. and the children went to sleep in the same bed. Meanwhile, defendant and J.C. drank beer, and J.C. fell asleep on the couch. J.C. woke up when he heard A.P. screaming. At trial, A.P. testified that when she woke up, her pants and underwear were pulled down and defendant was performing oral sex on her. She further testified that she did not invite defendant into the bedroom or give him permission to perform oral sex.
¶3 The state charged defendant with one count of sexual assault, a class two felony. After a jury trial, the jury found defendant guilty of sexual assault and found one aggravating factor: that the offense caused physical, emotional or financial harm to A.P. The court found mitigating circumstances including defendant's lack of prior criminal history, and his family and community support. The court sentenced defendant to the presumptive term of seven years' imprisonment. In addition, the court ordered that defendant register as a sex offender and gave him credit for 428 days of presentence incarceration.
Our review of the record shows that defendant should have been credited with 424 days of presentence incarceration credit instead of 428 days; because the sentence favors defendant and the state did not file a cross-appeal we will not amend the sentence. See State v. Dawson, 164 Ariz. 278, 281-82, 792 P.2d 741, 744-45 (1990). --------
¶4 We have read and considered defendant's Anders brief and his supplemental brief and 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. In his supplemental brief, defendant argues that A.P. and the prosecutor lied during the trial. We note, however, that it is the jury's function as the finder of fact to weigh the evidence and determine the credibility of witnesses. State v. Williams, 209 Ariz. 228, 231, ¶ 6, 99 P.3d 43, 46 (App. 2004).
¶5 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 conviction and sentence.