Opinion
No. 2 CA-CR 2015-0157
02-11-2016
THE STATE OF ARIZONA, Appellee, v. CHRISTOPHER CLEVELAND, Appellant.
COUNSEL Law Offices of Harriette P. Levitt, PLLC, Tucson By Harriette P. Levitt 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NOT FOR PUBLICATION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)(1); Ariz. R. Crim. P. 31.24.
Appeal from the Superior Court in Pinal County
No. S1100CR201202592
The Honorable Joseph R. Georgini, Judge
AFFIRMED
COUNSEL
Law Offices of Harriette P. Levitt, PLLC, Tucson
By Harriette P. Levitt
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Howard authored the decision of the Court, in which Judge Espinosa and Judge Staring concurred.
HOWARD, Presiding Judge:
¶1 After a jury trial, Christopher Cleveland was convicted of failing to register as a sex offender. The trial court sentenced him to a nine-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 she has reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, she has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for error. Cleveland has not filed a supplemental brief.
¶2 Viewing the evidence 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), sufficient evidence supports it here. Cleveland, who had been previously convicted of failing to register as a sex offender, moved to Pinal County without registering as a sex offender and lived with his girlfriend for approximately two months before his arrest in September 2011. A.R.S. §§ 13-3821(A)(19), 13-3822(A), 13-3824(A). And his sentence was within the statutory range and properly imposed. A.R.S. §§ 13-703(C), (J); 13-3824(A).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Cleveland's conviction and sentence are affirmed.