Opinion
2 CA-CR 2012-0058
05-02-2013
THE STATE OF ARIZONA, Appellee, v. ANTONIO M. SALLINS, Appellant.
Lori J. Lefferts, Pima County Public Defender By Lisa M. Hise Tucson Attorneys for Appellant
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24
MEMORANDUM DECISION
Not for Publication
Rule 111, Rules of
the Supreme Court
APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY
Cause No. CR20112323001
Honorable Michael O. Miller, Judge
AFFIRMED AS CORRECTED
Lori J. Lefferts, Pima County Public Defender
By Lisa M. Hise
Tucson
Attorneys for Appellant
ECKERSTROM, Presiding Judge. ¶ After a jury trial, appellant Antonio Sallins was convicted of three counts of aggravated assault, all of which were dangerous offenses, and one count of disorderly conduct. The trial court sentenced him to enhanced, partially mitigated, six-year prison terms for the aggravated assault convictions, to be served concurrently, followed by a three-year term of intensive probation for the disorderly conduct. ¶2 Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), avowing she has reviewed the record and found no arguably meritorious issues for appeal. Consistent with Clark, she has provided "a detailed factual and procedural history of the case with citations to the record," 196 Ariz. 530, ¶ 32, 2 P.3d at 97, and asks this court to search the record for error. Sallins has not filed a supplemental brief. ¶3 Viewed in the light most favorable to upholding the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), the evidence established that on the morning of July 2, 2011, Sallins, who appeared drunk, approached a man outside a restaurant and asked him for a dollar. When the request was refused, Sallins drew a knife and asked again before the man walked away and into the restaurant. Shortly thereafter, Sallins appeared at a nearby hotel, where he followed two guests into the hotel's breakfast area, sat with them, and began touching some of the food they had prepared for themselves. When the front desk clerk tried to speak with Sallins, he pulled a knife from his pocket and brandished it at her and other hotel patrons, cutting two of them on the hand. We conclude substantial evidence supported the jury's verdicts. See A.R.S. §§ 13-1203(A)(1), (2), 13-1204(A)(2), 13-2904(A)(6). Sallins was represented by counsel, and his sentences are authorized by statute and were imposed in a lawful manner. See A.R.S. §§ 13-704(A), 13-902(A)(4). ¶4 In our examination of the record, we have found no reversible error and no arguable issue warranting further appellate review. See Clark, 196 Ariz. 530, ¶ 30, 2 P.3d at 96. Accordingly, we affirm Sallins's convictions, sentences, and disposition of probation as corrected.
The sentencing minute entry erroneously states Sallins's probation would "commenc[e] on February 27, 2012," the date of sentencing. But the trial court clearly expressed its intent to impose a term of probation to be served consecutively to the concurrent prison terms by ordering that probation "begin[] upon [his] absolute discharge" from prison. Accordingly, we correct page three of the court's February 27, 2012 sentencing minute entry by replacing the probation commencement date of February 27, 2012, with the phrase "defendant's absolute discharge from prison." See State v. Ovante, 231 Ariz. 180, ¶ 39, 291 P.3d 974, 982 (2013) (correcting clerical error to reflect court's clear intent).
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PETER J. ECKERSTROM, Presiding Judge
CONCURRING: ________________________
JOSEPH W. HOWARD, Chief Judge
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GARYE L. VÁSQUEZ, Judge