Opinion
2 CA-CR 2024-0031
07-16-2024
The State of Arizona, Appellee, v. Yovanni Moreno Carrillo, Appellant.
Michael J. Dew, Phoenix Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2021115857001DT The Honorable Justin Beresky, Judge
Michael J. Dew, Phoenix Counsel for Appellant
Presiding Judge Gard authored the decision of the Court, in which Chief Judge Staring and Judge Eckerstrom concurred.
MEMORANDUM DECISION
GARD, Presiding Judge
¶1 After a jury trial, appellant Yovanni Carrillo was convicted of six counts of sexual conduct with a minor and two counts of sexual exploitation of a minor. The trial court suspended the imposition of sentence and placed Carrillo on lifetime probation for three of the convictions for sexual conduct with a minor. The court sentenced Carrillo to concurrent prison terms, the longest of which is five years, for the remaining convictions.
¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asserting he "searched the record on appeal" but was "unable to find any arguable question of law that is not frivolous." Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided a factual and procedural history of the case with citations to the record and has asked this court to search the record for reversible error. Carrillo has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1405(A), 13-3553(A)(1); see also A.R.S. §§ 13-1401(A), 13-3551(10). In June 2020, twenty-three-year-old Carrillo began a sexual relationship with a sixteen-year-old girl. During their first encounter alone, Carrillo rubbed his clothed penis between the victim's legs, touched her vulva and penetrated her vagina with his fingers, and had her perform oral sex on him. They twice engaged in penile-vaginal intercourse. Carrillo recorded one video of the two having sex and one of her performing oral sex on him. The sentences and terms of probation imposed are within the statutory ranges. See A.R.S. §§ 13-702(D), 13-902(E), 13-1405(B), 13-3553(C).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Carrillo's convictions, sentences, and terms of probation.