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State v. Garcia

Court of Appeals of Arizona, Second Division
Sep 3, 2024
2 CA-CR 2023-0252 (Ariz. Ct. App. Sep. 3, 2024)

Opinion

2 CA-CR 2023-0252

09-03-2024

The State of Arizona, Appellee, v. Carlos Garcia, 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Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court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. S1100CR202002703 The Honorable Daniel A. Washburn, Judge

Whitmer Law PLLC, Prescott

By Henry Edward Whitmer

Counsel for Appellant

Judge Vasquez authored the decision of the Court, in which Presiding Judge O'Neil and Vice Chief Judge Eppich concurred.

MEMORANDUM DECISION

VASQUEZ, Judge:

¶1 After a jury trial, Carlos Garcia was convicted of unlawful flight from a pursuing law enforcement vehicle and sentenced to a six-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 (App. 1999), stating he has reviewed the record but found no "arguable question of law that is not frivolous" and asking this court to search the record for error. Garcia has not filed a supplemental brief.

¶2 Viewed in the light most favorable to sustaining the jury's verdict, see State v. Tamplin 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient here, see A.R.S. § 28-622.01(1). In May 2020, a deputy sheriff in a marked patrol vehicle sought to detain Garcia-who was on probation at the time-pursuant to a pending warrant; Garcia fled in his vehicle. The evidence also supports the trial court's finding that Garcia has at least five previous felony convictions. The sentence is within the statutory range. See A.R.S. §§ 13-703(C), (J), 28-622.01. We, however, correct the sentencing minute entry to show that Garcia was sentenced as a repetitive offender.

¶3 Pursuant to our obligation under Anders, we have searched the record for reversible error and found none. Accordingly, we affirm Garcia's conviction and sentence as corrected.


Summaries of

State v. Garcia

Court of Appeals of Arizona, Second Division
Sep 3, 2024
2 CA-CR 2023-0252 (Ariz. Ct. App. Sep. 3, 2024)
Case details for

State v. Garcia

Case Details

Full title:The State of Arizona, Appellee, v. Carlos Garcia, Appellant.

Court:Court of Appeals of Arizona, Second Division

Date published: Sep 3, 2024

Citations

2 CA-CR 2023-0252 (Ariz. Ct. App. Sep. 3, 2024)