Opinion
2 CA-CR 2023-0209
07-05-2024
The State of Arizona, Appellee, v. Donald Edward Lashley, Appellant.
Robert A. Kerry, Tucson Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Pima County No. CR20193726001 The Honorable Christopher Browning, Judge
Robert A. Kerry, Tucson Counsel for Appellant
Chief Judge Staring authored the decision of the Court, in which Judge Sklar and Judge O'Neil concurred.
MEMORANDUM DECISION
STARING, CHIEF JUDGE
¶1 After a jury trial, appellant Donald Lashley was convicted of four counts of sexual conduct with a minor under fifteen (two with a minor under twelve), three counts of molestation of a child, and two counts of sexual conduct with a minor under eighteen. The trial court sentenced him to two consecutive life terms along with consecutive prison terms totaling ninety-three years.
¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asserting he "reviewed the record in this case" but found "[n]o arguable question of law." Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided a factual and procedural history of the case with citations to the record and has asked this court to search the record for reversible error. Lashley has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1405, 13-1410. Beginning when D.F. was in fifth grade and ending in the summer before her freshman year of high school when she was fifteen years old, Lashley repeatedly digitally penetrated D.F.'s vulva. Lashley used his fingers to touch T.F.'s "private areas" from the time she was three years old until she turned six. Lashley digitally penetrated C.F.'s vulva several times when she was five years old and younger. The sentences imposed are within the statutory ranges. See A.R.S. §§ 13-702(D), 13-705(B), (E), (F), 13-1405(B), 13-1410(B).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Lashley's convictions and sentences.