Opinion
No. 2 CA-CR 2016-0096
09-02-2016
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NOT FOR PUBLICATION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. 31.24.
Appeal from the Superior Court in Pinal County
No. S1100CR201402922
The Honorable Dwight P. Callahan, Judge Pro Tempore
AFFIRMED
COUNSEL
Harriette P. Levitt, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Vásquez authored the decision of the Court, in which Chief Judge Eckerstrom and Judge Miller concurred.
VÁSQUEZ, Presiding Judge:
¶1 After a jury trial, Tracy Hampton was convicted of aggravated assault. The court found Hampton had two historical prior felony convictions, and sentenced him to an enhanced, presumptive five-year prison term.
¶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), asserting she has reviewed the record but found no arguable issue to raise on appeal. She asks this court to search the record for error. Hampton has not filed a supplemental brief.
¶3 Viewing the evidence in the light most favorable to sustaining the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports it. In May 2014, Hampton, an inmate in the custody of the Department of Corrections, threw hot water into the face of a corrections officer, causing burns. See A.R.S. §§ 13-1203(A)(1), 13-1204(A)(10). Sufficient evidence also supported the trial court's finding that Hampton had two historical prior felony convictions. His sentence is within the statutory range and was properly imposed. See A.R.S. §§ 13-703(C), (J), 13-711(B), 13-1204(D).
¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985). We therefore affirm Hampton's conviction and sentence.