Opinion
NO. 1 CA-CR 14-0734
09-24-2015
STATE OF ARIZONA, Appellee, v. DAVID REYES, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Downtown Justice Center, Phoenix By Charles R. Krull Counsel for Appellant
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. CR2014-107050-001
The Honorable Jerry B. Bernstein, Judge Pro Tem
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Downtown Justice Center, Phoenix
By Charles R. Krull
Counsel for Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Margaret H. Downie and Judge Kenton D. Jones joined.
THOMPSON, Judge:
¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for David Reyes (defendant) has advised this court that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, but he has not done so.
¶2 Victim and defendant were drinking heavily in victim's room, in a house she shared with her brother, J.D., with two non-consuming female friends. After a few hours, victim walked everyone to the living room and went to bed. Victim later awoke with defendant on top of her. When victim attempted to crawl out from under him, defendant placed her in a headlock and bit her face hard enough to draw blood. When J.D. heard her screaming and banging on his wall, J.D. broke in victim's bedroom door and pulled defendant off her. J.D.'s girlfriend called the police while he dragged defendant from victim's room.
¶3 The state charged defendant with one count of kidnapping, a class 2 felony, one count of burglary in the second degree, a class 3 felony, and one count of aggravated assault, a class 6 felony. A jury convicted defendant of kidnapping and burglary, finding two aggravating circumstances: (1) the offenses caused physical or emotional harm to the victim, and (2) defendant committed the offenses while on community supervision. The trial court found a total of six prior felony convictions, finding two prior historical felonies for sentencing purposes. Defendant was sentenced to the presumptive terms of 15.75 and 11.25 years imprisonment for kidnapping and burglary, respectively. The court ordered the two sentences to be served concurrently and gave defendant 244 days of presentence incarceration credit.
¶4 We have read and considered defendant's Anders brief, and we have searched the entire record for reversible error. See Leon, 104 Ariz.
At 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end.
¶5 We affirm the convictions and sentences.