Opinion
No. 2 CA-CR 2019-0166
04-02-2020
THE STATE OF ARIZONA, Appellee, v. LEWIS WILLIAM PARKS, Appellant.
COUNSEL Law Offices of Thomas Jacobs, Tucson By Thomas Jacobs 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NOT FOR PUBLICATION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. CR20181903001
The Honorable Javier Chon-Lopez, Judge
AFFIRMED
COUNSEL
Law Offices of Thomas Jacobs, Tucson
By Thomas Jacobs
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Chief Judge Vásquez and Judge Brearcliffe concurred.
STARING, Presiding Judge:
¶1 After a jury trial, Lewis Parks was convicted of first-degree burglary, aggravated assault with a deadly weapon or dangerous instrument, kidnapping, and attempted sexual assault, all dangerous offenses. The trial court found Parks had two historical prior felony convictions and sentenced him to concurrent, enhanced prison terms, the longer of which are 16.75-year sentences. Counsel filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting he has reviewed the record but found "no issues of merit" and asking this court to review the record for fundamental error. Parks has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence at trial was sufficient to support the jury's findings of guilt. See A.R.S. §§ 13-1001, 13-1204(A)(2), 13-1304(A)(3), 13-1406(A), 13-1508(A). In April 2018, the victim awoke at approximately 1:00 a.m. to find an individual later identified as Parks in her bed. Parks threatened to "cut" or "slice" the victim with a knife if she was not quiet, and in fact, her hand was cut during the ensuing struggle. The victim did not see or feel any clothing on Parks. Parks did not "pin down" the victim, nor did he touch her breasts or genitals. The victim testified that she scratched her attacker during the struggle in her bed; DNA samples from her fingernails matched Parks's DNA profile. Before leaving, Parks "pick[ed] something up" from the victim's home; she later discovered some missing items. Parks admitted having entered the victim's home.
¶3 Sufficient evidence also supports the trial court's finding that Parks had two historical prior felony convictions and its finding of aggravating factors. His sentences are within the statutory limits for a category three offender and were lawfully imposed. See A.R.S. § 13-703(C), (G), (J).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and found none. Therefore, we affirm Parks's convictions and sentences.