Opinion
No. 2 CA-CR 2017-0337
10-02-2018
THE STATE OF ARIZONA, Appellee, v. DAVID RYAN HOWE, Appellant.
COUNSEL Scott A. Martin, 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NOT FOR PUBLICATION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. CR20164278001
The Honorable Michael Butler, Judge
The Honorable Richard S. Fields, Judge
AFFIRMED
COUNSEL
Scott A. Martin, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Vásquez authored the decision of the Court, in which Judge Espinosa and Judge Eppich concurred.
VÁSQUEZ, Presiding Judge:
¶1 Following a jury trial, appellant David Howe was convicted of aggravated assault of a corrections employee. The trial court sentenced him to 1.5 years in prison. 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 and has found "no tenable issue to raise on appeal." Counsel has asked us to search the record for error. Howe has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdict, see State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013), the evidence was sufficient to support the jury's finding of guilt, see A.R.S. §§ 13-1203, 13-1204(A)(10). The evidence presented at trial showed Howe punched a corrections officer in the face, causing swelling and pain. We further conclude the sentence is within the statutory limit. See A.R.S. §§ 13-702(D), 13-1204(F).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Howe's conviction and sentence are affirmed.