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State v. Lagunas

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 8, 2021
No. 1 CA-CR 20-0392 (Ariz. Ct. App. Apr. 8, 2021)

Opinion

No. 1 CA-CR 20-0392

04-08-2021

STATE OF ARIZONA, Appellee, v. MOISES HERNANDEZ LAGUNAS, Appellant.

COUNSEL Arizona Attorney General's Office, Phoenix By Linley Wilson Counsel for Appellee KBUNITED, LLC, Phoenix By Kerrie M. Nelson 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2019-006272-001
The Honorable Timothy J. Ryan, Judge

AFFIRMED

COUNSEL

Arizona Attorney General's Office, Phoenix
By Linley Wilson
Counsel for Appellee

KBUNITED, LLC, Phoenix
By Kerrie M. Nelson
Counsel for Appellant

MEMORANDUM DECISION

Judge Samuel A. Thumma delivered the decision of the Court, in which Presiding Judge Kent E. Cattani and Judge Brian Y. Furuya joined.

THUMMA, Judge:

¶1 This is an appeal under Anders v. California, 386 U.S. 738, 744 (1967) and State v. Leon, 104 Ariz. 297, 300 (1969). Counsel for defendant Moises Hernandez Lagunas advised the court that, after searching the entire record, no arguable question of law was identified and asks this court to conduct an Anders review of the record. Lagunas was given the opportunity to file a supplemental brief pro se but has not done so. This court has reviewed the record and has found no reversible error. Leon, 104 Ariz. at 300; State v. Clark, 196 Ariz. 530, 537 ¶ 30 (App. 1999). Accordingly, Lagunas' convictions and resulting sentences are affirmed.

FACTS AND PROCEDURAL HISTORY

¶2 In February 2020, a jury found Lagunas guilty of one count of attempted second-degree murder, a Class 2 felony (Count 1); one count of kidnapping, a Class 2 felony (Count 4); and three counts of aggravated assault, Class 3 felonies (Counts 2, 3, and 5). The jury also found the State had proven many alleged aggravators. The offenses occurred in March 2013 in Maricopa County.

¶3 The superior court sentenced Lagunas to concurrent prison terms on Counts 1 through 4, and a consecutive prison term on Count 5. Lagunas appropriately received 142 days' presentence incarceration credit on Counts 1 through 4. This court has jurisdiction over Lagunas' timely appeal pursuant to Arizona Revised Statutes (A.R.S.) §§ 12-120.21(A)(1), 13-4031, and -4033(A)(1).

DISCUSSION

¶4 The record shows that Lagunas was represented by counsel at all critical stages of the proceedings. The record contains substantial evidence supporting the convictions. The prison sentences imposed are within statutory limits. The awards of presentence incarceration credit were accurate. And in all other respects, from the record presented, all proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure.

CONCLUSION

¶5 This court has read and considered counsel's brief, has searched the record provided for reversible error and has found none. Accordingly, Lagunas' convictions and resulting sentences are affirmed.

¶6 Upon the filing of this decision, defense counsel is directed to inform Lagunas of the status of the appeal and of his future options. Counsel has no further obligations unless, upon review, she identifies an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85 (1984). Lagunas has 30 days from the date of this decision to proceed, if he desires, with a pro se motion for reconsideration or petition for review.


Summaries of

State v. Lagunas

ARIZONA COURT OF APPEALS DIVISION ONE
Apr 8, 2021
No. 1 CA-CR 20-0392 (Ariz. Ct. App. Apr. 8, 2021)
Case details for

State v. Lagunas

Case Details

Full title:STATE OF ARIZONA, Appellee, v. MOISES HERNANDEZ LAGUNAS, Appellant.

Court:ARIZONA COURT OF APPEALS DIVISION ONE

Date published: Apr 8, 2021

Citations

No. 1 CA-CR 20-0392 (Ariz. Ct. App. Apr. 8, 2021)