Opinion
No. 2 CA-CR 2017-0140
10-03-2017
THE STATE OF ARIZONA, Appellee, v. WAYNE LAWRENCE MANUEL, 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NOT FOR PUBLICATION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. 31.24. Appeal from the Superior Court in Pima County
No. CR20164050001
The Honorable Richard D. Nichols, Judge
AFFIRMED
COUNSEL Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Judge Espinosa and Judge Kelly concurred. STARING, Presiding Judge:
The Hon. Virginia C. Kelly, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. --------
¶1 Following a jury trial, appellant Wayne Manuel was convicted of aggravated assault causing temporary/substantial disfigurement, and aggravated assault using a deadly weapon or dangerous instrument, both dangerous offenses. The trial court sentenced Manuel to presumptive, concurrent prison terms, the longer of which is 7.5 years. Avowing she has found no arguably meritorious issue to raise on appeal, appointed counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asking this court to review the record for fundamental error. Manuel has not filed a supplemental brief.
¶2 Viewing the evidence in the light most favorable to upholding the jury's verdicts, State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), the evidence established that in August 2016, Manuel struck the victim several times on the head and arm with a metal pole. The victim's cheekbone was shattered and he now suffers from seizures; his arm was shattered "in six pieces," requiring surgery; and other bones, including two fingers, were broken. We conclude substantial evidence supported Manuel's convictions, see A.R.S. § 13-1204(A)(2), (3), and the sentences were lawful and were imposed properly, see A.R.S. § 13-704(A).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985). Accordingly, we affirm Manuel's convictions and sentences.