Opinion
No. 1 CA-CR 13-0525
07-17-2014
STATE OF ARIZONA, Appellee, v. ROBIN DANIEL BASTY, Appellant.
Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Law Offices of Michael J. Dew, Phoenix By Michael J. Dew Counsel for Appellant
NOTICE: NOT FOR PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE
LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.
Appeal from the Superior Court in Maricopa County
No. CR2011-007277-001
The Honorable Jo Lynn Gentry-Lewis, Judge
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Law Offices of Michael J. Dew, Phoenix
By Michael J. Dew
Counsel for Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Michael J. Brown 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 Robin Daniel Basty (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 that 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 In the evening of November 16, 2010, victim R.S.'s motorcycle was traveling southbound on Cave Creek Road with a passenger, and about 50-60 feet ahead of another motorcycle driven by a friend and the friend's wife. As the two motorcycles approached the intersection of Cave Creek Road and Ashler Hills with the right of way, defendant's truck, traveling eastbound at a "slow and steady" speed, failed to yield to the stop sign, entered the intersection and collided with decedent's motorcycle. To avoid the collision, the second motorcycle was forced to lie on its side, causing injuries to the passengers. Defendant was described as displaying no emotions after the accident. He told officers that he saw illuminated turn signals on the motorcycle and believed it was going to turn right. R.S. died of his injuries.
¶3 After the accident, police officers observed that defendant had signs and symptoms consistent with methamphetamine ingestion. Defendant's blood was drawn on-scene, and the results were positive for a methamphetamine level of 310 nanograms per milliliter. The state's forensic science expert opined that this level would impair at least to some degree and likely have a negative impact on a person's ability to drive.
¶4 The state charged defendant with one count of manslaughter, a class 2 felony; two counts of aggravated assault, class 3 felonies; and one count of endangerment (death), a class 6 felony. A jury convicted defendant of the lesser included offense of negligent homicide, a class 4 felony, and the lesser included offense of endangerment (physical
injury), a class 1 misdemeanor. The trial court sentenced defendant to an aggravated term of 8 years imprisonment with 702 days of presentence incarceration credit for the negligent homicide conviction, and a three year probation term for the endangerment conviction.
¶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.