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State v. Valenzuela

ARIZONA COURT OF APPEALS DIVISION TWO
Jul 7, 2020
No. 2 CA-CR 2019-0195 (Ariz. Ct. App. Jul. 7, 2020)

Opinion

No. 2 CA-CR 2019-0195

07-07-2020

THE STATE OF ARIZONA, Appellee, v. LUIS JUAN VALENZUELA JR., Appellant.

COUNSEL Vanessa C. Moss, 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NOT FOR PUBLICATION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. CR20183878001
The Honorable Teresa Godoy, Judge Pro Tempore

AFFIRMED

COUNSEL

Vanessa C. Moss, Tucson
Counsel for Appellant

MEMORANDUM DECISION

Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

ECKERSTROM, Judge:

¶1 After a jury trial, appellant Luis Valenzuela Jr. was convicted of armed robbery, disorderly conduct, and contributing to the delinquency of a minor. The trial court sentenced Valenzuela to enhanced, concurrent prison terms the longest of which was twelve years. 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 and has found no "meritorious issue to raise on appeal." Counsel has asked us to search the record for error. Valenzuela has not filed a supplemental brief.

¶2 Viewed in the light most favorable to sustaining the verdict, see State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013), the evidence was sufficient to support the jury's finding of guilt, see A.R.S. §§ 13-1902(A), 13-1904(A), 13-2904(A)(6), 13-3612(1), 13-3613(A). The evidence presented at trial showed that Valenzuela, who had two historical prior felony convictions, threatened C.O., who was with nine-year-old I.V., with a knife, cut C.O.'s wrist, and took a bag containing bottles of alcohol from them, causing I.V. to thereafter suffer increased worry for C.O.'s safety. We further conclude the sentences imposed are within the statutory limits. See A.R.S. §§ 13-703(C), (J), 13-707(A)(1), 13-1904(B), 13-2904(B), 13-3613(A).

¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Valenzuela's convictions and sentences are affirmed.


Summaries of

State v. Valenzuela

ARIZONA COURT OF APPEALS DIVISION TWO
Jul 7, 2020
No. 2 CA-CR 2019-0195 (Ariz. Ct. App. Jul. 7, 2020)
Case details for

State v. Valenzuela

Case Details

Full title:THE STATE OF ARIZONA, Appellee, v. LUIS JUAN VALENZUELA JR., Appellant.

Court:ARIZONA COURT OF APPEALS DIVISION TWO

Date published: Jul 7, 2020

Citations

No. 2 CA-CR 2019-0195 (Ariz. Ct. App. Jul. 7, 2020)