Opinion
No. 2 CA-CR 2018-0034
09-25-2018
THE STATE OF ARIZONA, Appellee, v. JAMES COPELAND, Appellant.
COUNSEL Harriette P. Levitt, 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NOT FOR PUBLICATION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)(1); Ariz. R. Crim. P. 31.19(e).
Appeal from the Superior Court in Pinal County
No. S1100CR201503848
The Honorable Kevin D. White, Judge
The Honorable Stephen F. McCarville, Judge
AFFIRMED AS CORRECTED
COUNSEL
Harriette P. Levitt, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Staring and Judge Eppich concurred.
ECKERSTROM, Chief Judge:
¶1 After a jury trial, James Copeland was convicted of six counts of sexual conduct with a minor, three counts of child molestation, and ten counts of sexual exploitation of a minor, all involving victims under fifteen years old, with three of the counts of sexual conduct involving victims under twelve. Copeland was sentenced to consecutive prison terms, including two life terms.
¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting she has reviewed the record but found no arguably meritorious issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 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. Copeland has not filed a supplemental brief.
¶3 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support the verdicts here. See A.R.S. §§ 13-1405(A), 13-1410(A), 13-3553(A)(2). In 2013, Copeland had sexual contact with his girlfriend's then eleven-year-old daughter, and incidents of sexual contact continued until 2015. Also in 2015, Copeland photographed four sexual acts he committed on his daughter, then about three years old; law enforcement officers discovered those photographs as well as six other photographs and videos of child pornography on Copeland's cell phone and computer.
¶4 The sentencing minute entry indicates that the trial court imposed "natural life" terms for Copeland's two convictions of sexual conduct with a minor twelve years of age or younger. A natural life sentence is not available for that offense. Instead, pursuant to A.R.S. § 13-705(A), the court was required to impose a term of life without the possibility of release for thirty-five years. We correct the sentencing minute
entry accordingly. Copeland's remaining sentences are within the statutory range. See §§ 13-705(B), (D), (M), 13-1405(B), 13-1410(B), 13-3553(C).
¶5 We affirm Copeland's convictions and his sentences as corrected.