Opinion
No. 2 CA-CR 2018-0322
10-21-2019
THE STATE OF ARIZONA, Appellee, v. FERNANDO LUIS QUIROZ, 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NOT FOR PUBLICATION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. 31.19(e).
Appeal from the Superior Court in Pima County
No. CR20180102001
The Honorable Howard J. Fell, Judge Pro Tempore
AFFIRMED
COUNSEL
Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Chief Judge Vásquez authored the decision of the Court, in which Presiding Judge Staring and Judge Eppich concurred.
VÁSQUEZ, Chief Judge:
¶1 After a jury trial, Fernando Quiroz was convicted of possessing a deadly weapon as a prohibited possessor. The trial court sentenced him to a ten-year prison term. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating she has reviewed the record but found no "arguably meritorious issue to raise on appeal" and asking this court to review the record for error. Quiroz has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient here, see A.R.S. §§ 13-3101(7)(b), 13-3102(A)(4). During an encounter with police in December 2017, Quiroz, a felon whose right to possess a firearm has not been restored, discarded a sweatshirt containing a pistol. And sufficient evidence supports the trial court's finding that Quiroz had five previous felony convictions. The sentence imposed is within the statutory range. See A.R.S. §§ 13-703(C), (J), 13-3102(M).
¶3 Pursuant to our obligation under Anders, we have searched the record for error and found none. Accordingly, we affirm Quiroz's conviction and sentence.