Opinion
No. 2 CA-CR 2016-0354
08-21-2017
THE STATE OF ARIZONA, Appellee, v. LARRY JAMES FOWLER, Appellant.
COUNSEL Joel B. Feinman, Pima County Public Defender By David J. Euchner, Assistant Public Defender, 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NOT FOR PUBLICATION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. 31.24. Appeal from the Superior Court in Pima County
No. CR20160832001
The Honorable Paul E. Tang, Judge
AFFIRMED
COUNSEL Joel B. Feinman, Pima County Public Defender
By David J. Euchner, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Judge Espinosa and Judge Kelly concurred. STARING, Presiding Judge:
The Hon. Virginia C. Kelly, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. --------
¶1 Following a jury trial, appellant Larry Fowler was convicted of disorderly conduct involving the reckless handling or display of a deadly weapon, misdemeanor assault, and misdemeanor theft. The trial court found he had two historical prior felony convictions and sentenced him to an enhanced, presumptive prison term of 3.75 years for the disorderly conduct and to time served on the misdemeanor charges.
¶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 he has reviewed the record and has found no arguably meritorious issues to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, he 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. Fowler has not filed a supplemental brief.
¶3 The evidence, viewed in the light most favorable to sustaining Fowler's convictions, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), was sufficient to support the jury's verdicts. See A.R.S. §§ 13-1203(A)(2), 13-1802(A)(1), (G), 13-2904(A)(6). After accepting a ride in the vehicle R.P. was driving, with R.P.'s girlfriend V.G. riding in the passenger seat, Fowler placed a gun to the back of R.P.'s head and demanded "everything." R.P. gave him his wallet, $300.00, a telephone, and a handgun. Evidence also supported the trial court's finding of two historical prior convictions, and Fowler's sentences were authorized by statute and imposed in a proper manner. See A.R.S. §§ 13-105(22)(b), (c); 13-703(C), (J); 13-707(A).
¶4 In our examination of the record, we have found no reversible error and no arguable issue warranting further appellate review. See Anders, 386 U.S. at 744. Accordingly, we affirm Fowler's convictions and sentences.