Opinion
2 CA-CR 2023-0207
07-16-2024
The State of Arizona, Appellee, v. Gilbert Lucero, Appellant.
Mercer Law PLC, Mesa By Stephen Mercer Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2019130508003DT The Honorable Jeffrey A. Rueter, Judge
Mercer Law PLC, Mesa By Stephen Mercer Counsel for Appellant
Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Gard and Chief Judge Staring concurred.
MEMORANDUM DECISION
ECKERSTROM, Judge
¶1 After a jury trial, appellant Gilbert Lucero was convicted of first-degree murder, theft of a means of transportation, and two counts each of armed robbery and attempted armed robbery. The trial court sentenced Lucero to life imprisonment with the possibility of release after twenty-five years for the murder, followed by minimum, concurrent prison terms, the longest of which is seven years, for the remaining counts.
¶2 On appeal, counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting he "has reviewed the record" but was unable to find any "non-frivolous issues to raise." Consistent with Clark, 196 Ariz. 530, ¶ 30, 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. Lucero 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. §§ 13-301, 13-303(A)(3), 13-1001(A), 13-1105(A)(2), 13-1801(A), 13-1814(A)(1), 13-1901, 13-1902(A), 13-1904(A)(1). Early one morning in June 2019, Lucero and two other men committed several offenses, first using a gun to force C.G. out of his boss's pickup truck, with two of them driving away in it. Shortly thereafter, the men demanded property from G.R., again using a gun, but G.R. refused and left. They also unsuccessfully sought property from O.D. and shot him in the head, killing him. A few minutes later, they pointed a gun at R.C. and took his wallet and cell phone.
¶4 The sentences imposed are within the statutory ranges. See A.R.S. §§ 13-702(D), 13-704(A), 13-1001(C)(2), 13-1105(D), 13-1814(D), 13-1904(B).
¶5 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 Lucero's convictions and sentences.