Opinion
NO. 1 CA-CR 14-0179
01-26-2016
STATE OF ARIZONA, Appellee, v. RAMON MANUEL RIVERA, Appellant.
COUNSEL Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Janelle A. McEachern, Attorney at Law, Chandler By Janelle A. McEachern 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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. CR2012-009434-001
The Honorable Teresa A. Sanders, Judge
AFFIRMED
COUNSEL
Arizona Attorney General's Office, Phoenix
By Joseph T. Maziarz
Counsel for Appellee
Janelle A. McEachern, Attorney at Law, Chandler
By Janelle A. McEachern
Counsel for Appellant
MEMORANDUM DECISION
Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Randall M. Howe and Judge Lawrence F. Winthrop 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 Ramon Manuel Rivera (defendant) has advised this court that, after searching the entire record, counsel 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 filed a supplemental brief in propria persona.
¶2 D.V. got into defendant's small SUV while waiting at a bus stop. Defendant pulled out a gun and drove to an alley where he fondled D.V., pulled her pants down, got on top of her and tried to insert his penis into her vagina. Another car passing in the alley startled defendant, allowing D.V. time to pull her pants up and quickly exit defendant's car. Defendant demanded D.V. "look nowhere, don't talk to nobody, don't answer no questions, and keep walking."
¶3 Defendant pulled C.H. into his car, took her behind a grocery store, and started grabbing C.H. and undoing her pants. After undoing C.H.'s pants he grabbed her ankles or feet, pulled them up into the air and had sexual intercourse with her. Defendant then pushed C.H. out of his car and drove off.
¶4 N.J. was running out of gas and pulled into an alley when defendant cut her off, stopping her. Defendant got out of his car, grabbed N.J. and threw her into the backseat of his car. Defendant restrained and hit N.J. and tried to rip off her clothes, ripped her top, and put his fingers in her vagina. N.J. pushed his hand away and covered her vagina with her hands.
¶5 Defendant approached R.M.T., a 17 year old, pointed a gun at her and told her to get in his SUV. Afraid for her life, R.M.T. got into defendant's SUV. Defendant drove to a secluded parking lot and told R.M.T. to get in the back seat. Defendant got in back with R.M.T., pulled
off her pants, touched her vagina with his hands, inserted his penis into her vagina, and groped her breasts.
¶6 P.G., 16 or 17 years old, met up with defendant to procur drugs. Defendant picked up P.G. in his SUV, drove her to a vacant dirt lot, walked around to the passenger side, opened her door and attacked her. P.G. fought while defendant pulled her into the back seat, restrained her arms, hit her, pulled off her pants and inserted his penis into her vagina.
¶7 Defendant blocked N.J.2's path with his SUV and, while holding his gun, demanded that she get in his SUV. Defendant then drove to a field, parked between some construction equipment, demanded N. J.2 to get in the back of the SUV where defendant pulled N.J.2's pants down and touched her breast and vagina. Defendant then held N. J.2's down by the shoulders and inserted his penis into her vagina.
¶8 The state charged defendant with six counts of kidnapping, a class 2 felony; one count of attempt to commit sexual assault, a class 3 felony; six counts of sexual assault, a class 2 felony; two counts of aggravated assault, a class 3 felony; and two counts of sexual abuse, a class 5 felony. Other than one count of aggravated assault, the jury convicted defendant on all charges. The trial court sentenced defendant to 10 years each for four of the kidnapping counts, 21 years each for the two dangerous kidnapping counts, 7 years for the attempt to commit sexual assault count, 14 years each for three sexual assault counts, 21 years each for the three dangerous sexual assault counts, 15 years for the aggravated assault count, and 4 years for the sexual abuse counts, and gave defendant 603 days of presentence incarceration credit.
¶9 We have read and considered counsel's Anders brief and defendant's supplemental 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.
¶10 We affirm the convictions and sentences.