Opinion
No. 2 CA-CR 2017-0338
08-01-2018
THE STATE OF ARIZONA, Appellee, v. JOHN ADRIAN JOHNSON, 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NOT FOR PUBLICATION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. CR20165559001
The Honorable Kenneth Lee, Judge
AFFIRMED
COUNSEL
Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Brearcliffe authored the decision of the Court, in which Presiding Judge Staring and Chief Judge Eckerstrom concurred.
BREARCLIFFE, Judge:
¶1 Following a jury trial, appellant John Johnson was convicted of attempted third-degree burglary of a non-residential structure and three counts of third-degree burglary of a non-residential structure. The trial court sentenced him to presumptive, concurrent prison terms, the longest of which were 2.5 years. 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 and has found no "arguably meritorious issue to raise on appeal." Counsel has asked us to search the record for fundamental error. Johnson has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdict, the evidence was sufficient to support the jury's finding of guilt. See State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013). The evidence presented at trial showed Johnson had broken into three businesses and attempted to break into a third; he took money from the register at one business and opened or moved register drawers at two others. We further conclude the sentences imposed are within the statutory limit. See A.R.S. §§ 13-702(D), 13-1001, 13-1506.
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Johnson's convictions and sentences are affirmed.