Opinion
No. 2 CA-CR 2017-0363
06-27-2018
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NOT FOR PUBLICATION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. CR20113403001
The Honorable Paul E. Tang, Judge
AFFIRMED
COUNSEL
Joel Feinman, Pima County Public Defender
By Abigail Jensen, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Vásquez authored the decision of the Court, in which Judge Espinosa and Judge Eppich concurred.
VÁSQUEZ, Presiding Judge:
¶1 Claude Ranger III was convicted after a jury trial of aggravated assault and sexual assault. The trial court imposed a life term without the possibility of release for twenty-five years for sexual assault, to be followed by a twenty-five-year prison term for aggravated assault. On appeal, we affirmed Ranger's convictions and his sentence for sexual assault but vacated his sentence for aggravated assault because it exceeded the statutory maximum, remanding for resentencing on that count. State v. Ranger, No. 2 CA-CR 2015-0468, ¶¶ 5, 7 (Ariz. App. Dec. 27, 2016) (mem. decision). On remand, the trial court imposed a twenty-year prison term.
¶2 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), asserting she has reviewed the record but found no "arguably meritorious issue to raise on appeal." Consistent with Clark, 196 Ariz. 530, ¶ 32, she has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for error. Ranger has filed a supplemental brief.
¶3 The twenty-year prison term is within the statutory range and was lawfully imposed. See A.R.S. § 13-1204(A)(1), (E); 1991 Ariz. Sess. Laws, ch. 229, § 3; 1988 Ariz. Sess. Laws, ch. 66, § 1; 1987 Ariz. Sess. Laws, ch. 307, § 3. In imposing that sentence, the court relied on the same historical prior felony convictions and aggravating factors it had relied on in imposing the initial sentence for aggravated assault. Those convictions and factors are supported by the record.
¶4 In his supplemental brief, Ranger does not challenge the new sentence but instead raises several claims related to his underlying convictions. But his convictions have been affirmed and are not before us. Accordingly, we do not address his arguments.
¶5 Pursuant to our obligation under Anders, we have searched the record for reversible error and found none. Accordingly, we affirm the sentence imposed.