Opinion
No. 2 CA-CR 2018-0144
01-15-2019
THE STATE OF ARIZONA, Appellee, v. JOHN HARRISON HILYARD, Appellant.
COUNSEL Joel Feinman, Pima County Public Defender By Abigail Jensen, 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NOT FOR PUBLICATION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. 31.19(e).
Appeal from the Superior Court in Pima County
No. CR20171151001
The Honorable James E. Marner, Judge
AFFIRMED
COUNSEL
Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Judge Eppich and Judge Brearcliffe concurred.
STARING, Presiding Judge:
¶1 After a jury trial, John Hilyard was convicted of sexual assault, sexual abuse, kidnapping, and aggravated assault. The trial court sentenced him to concurrent prison terms, the longest of which is seven years.
¶2 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 she has reviewed the record but "has been unable to find any arguably meritorious issue to raise on appeal." She asks this court to search the record for error. Hilyard has not filed a supplemental brief.
¶3 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support its verdicts here, see A.R.S. §§ 13-1204(A)(4), 13-1304(A)(3), 13-1401(A)(3)(a), (A)(4), 13-1404(A), 13-1406(A). In March 2017, the victim (Hilyard's neighbor) entered Hilyard's open apartment to speak with him when she saw him lying, apparently unconscious, on a mattress on his living room floor. After she shook him awake, Hilyard pulled her down onto the mattress, removed her clothing, had nonconsensual sexual intercourse with her by penetrating her vulva with his penis, touched her breasts without her consent, pinned her against a wall in his apartment and bit her breast, and prevented her from leaving the apartment. The sentences imposed are within the statutory range. See A.R.S. §§ 13-702(D), 13-1204(E), 13-1304(B), 13-1404(C), 13-1406(B).
¶4 We have searched the record for reversible error and found none. We therefore affirm Hilyard's convictions and sentences.