Opinion
2 CA-CR 2024-0056
08-28-2024
The State of Arizona, Appellee, v. David Moncada Gutierrez, Appellant.
Law Offices of Thomas Jacobs, Tucson By Thomas Jacobs Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Pima County No. CR20232456001 The Honorable Renee T. Bennett, Judge
Law Offices of Thomas Jacobs, Tucson By Thomas Jacobs Counsel for Appellant
Judge Kelly authored the decision of the Court, in which Presiding Judge O'Neil and Judge Vásquez concurred.
MEMORANDUM DECISION
KELLY, JUDGE
¶1 After a jury trial, David Gutierrez was convicted of kidnapping, criminal trespass, and two counts of aggravated assault. The trial court sentenced him to concurrent prison terms, the longest of which is 7.5 years.
¶2 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 searched the record on appeal but had not "found any issue 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. Gutierrez has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1203, 13-1204(A)(2), (3), 13-1304(A)(3), 13-1504(A)(2). Gutierrez forced his way into his neighbor's home, pulled the victim outside, and repeatedly struck her in the head and knees with a hammer before wrestling her to the ground and sitting on top of her, breaking her ribs. The sentences imposed are within the statutory ranges. See A.R.S. §§ 13-703(A), (H), 13-704(A), 13-707(A)(1), 13-1204(F), 13-1304(B), 13-1504(B).
¶4 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 Gutierrez's convictions and sentences.