Opinion
2 CA-CR 2023-0213
07-02-2024
The State of Arizona, Appellee, v. James Lloyd Davis, Appellant.
Whitmer Law PLLC, Prescott By Henry Edward Whitmer Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Pinal County No. S1100CR202101233 The Honorable Jason R. Holmberg, Judge
Whitmer Law PLLC, Prescott By Henry Edward Whitmer Counsel for Appellant
Judge Kelly authored the decision of the Court, in which Presiding Judge O'Neil and Judge Vasquez concurred.
MEMORANDUM DECISION
KELLY, JUDGE
¶1 After a jury trial, James Davis was convicted of continuous sexual abuse of a child. The trial court sentenced him to a slightly aggravated prison term of twenty-three years. 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 has reviewed the record and has found "no 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. Davis has not filed a supplemental brief.
¶2 Viewed in the light most favorable to affirming the verdict, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1401, 13-1405(A), 13-1406(A), 13-1410(A), 13-1417(A). Between June 2005 and June 2014, Davis touched M.H.'s vagina at least two times, used his finger to penetrate her at least once, and used his hand and mouth to touch her breast at least once. M.H. was between five and twelve years old at the time. The sentence imposed is within the statutory range. See § 13-1417(B); see also 2008 Ariz. Sess. Laws, ch. 301, § 29.
¶3 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 Davis's conviction and sentence.