Opinion
No. 1 CA-CR 15-0215
03-29-2016
STATE OF ARIZONA, Appellee, v. DEXTER RICHARD JOHNSON, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Public Defender's Office, Phoenix By Cory Engle Counsel for Appellant
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR2014-131058-001
The Honorable John R. Ditsworth, Judge
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Public Defender's Office, Phoenix
By Cory Engle
Counsel for Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Lawrence F. Winthrop joined.
THOMPSON, Judge:
¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Dexter Richard Johnson (defendant) has advised us that, after searching the entire record, she has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona and has done so.
¶2 In June 2014, D.G., and her two adult children, E.H. and L.H., went to the convenience store by their house for snacks. Defendant, his girlfriend at the time, M.C., and his five young children, stopped at the same convenience store while in the process of moving. Inside the store, defendant misidentified L.H. and they exchanged verbal insults.
¶3 Defendant confronted L.H. when she left the store. More verbal insults were exchanged. Defendant pulled out a gun, pointed it at L.H., and said, "I'll kill you." L.H. lunged into the backseat of the car out of fear while D.G. called the police.
¶4 Before the police arrived, defendant drove the U-Haul out of the parking lot and M.C. followed in the van. Down the street, both the U-Haul and the van pulled over and defendant threw the gun into the van. Police pulled over both the U-Haul and the van, finding the gun in the van.
¶5 The state charged defendant with one count of Aggravated Assault, a class 3 dangerous felony, and one count of Misconduct Involving a Weapon, a class 4 felony. A jury convicted defendant on both counts after finding that defendant placed L.H. in reasonable apprehension of imminent physical injury and he knowingly possessed a gun while being a prohibited possessor.
¶6 The court sentenced defendant to a mitigated term of five years in prison and four years of supervised probation. The sentencing judge found as mitigating factors that no one was hurt, defendant has
community support, and defendant's family has a history of mental illness. Defendant received credit for 255 days presentence incarceration.
¶7 Defendant raises issues for this court to consider on appeal. After review of the record, the court finds no merit to these issues. We have read and considered defendant's Anders brief, and we have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end. Defendant has thirty days from the date of this decision in which to proceed, if he so desires, with an in propria persona motion for reconsideration or petition for review.
¶8 We affirm the convictions and sentences.