Opinion
No. 2 CA-CR 2013-0568
07-23-2014
THE STATE OF ARIZONA, Appellee, v. JACQUELINE MICHELLE CARLSON, Appellant.
Emily Danies, 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NOT FOR PUBLICATION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. CR20124282002
The Honorable Javier Chon-Lopez, Judge
AFFIRMED
COUNSEL
Emily Danies, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Kelly authored the decision of the Court, in which Judge Vásquez and Judge Olson concurred. KELLY, Presiding Judge:
The Hon. Robert Carter Olson, a retired judge of the Arizona Superior Court, is called back to active duty to serve on this case pursuant to orders of this court and the supreme court.
¶1 Following a jury trial, appellant Jacqueline Carlson was convicted of kidnapping, armed robbery, aggravated robbery, assault, burglary in the second degree, conspiracy, and trafficking in stolen property in the first degree. The jury was unable to reach a verdict as to whether several of the offenses were dangerous, and the state declined to retry that allegation. The trial court sentenced Carlson to enhanced, "slightly aggravated," concurrent prison terms, the longest of which were 10.5 years.
¶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), stating she has reviewed the record and has found no "arguable question of law" to raise on appeal. Counsel has asked us to search the record for fundamental error. Carlson has not filed a supplemental brief.
¶3 Viewed in the light most favorable to sustaining the verdicts, the evidence was sufficient to support the jury's findings of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence presented at trial showed that after making plans to rob the victim and flee to Mexico, Carlson and three others came into the victim's home, pointed "realistic looking" BB guns at her, choked her, and tied her up with twine, causing cuts, scratches, and bruises. They took the victim's jewelry, a camera, and $200 in cash, and Carlson later sold some of the jewelry to a pawn shop. We further conclude the sentences imposed are within the statutory limit. See A.R.S. §§ 13-703, 13-1003, 13-1203, 13-1304, 13-1507, 13-1902, 13-1903, 13-1904, 13-2301(B), 13-2307.
We cite the version of § 13-703 in effect in November 2012, at the time of the offenses. See 2012 Ariz. Sess. Laws, ch. 190, § 2.
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¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, we affirm Carlson's convictions and sentences.