Opinion
2 CA-CR 2011-0109
05-11-2012
THE STATE OF ARIZONA, Appellee, v. MARCOS AARON ZAVALA-CANO, Appellant.
Lori J. Lefferts, Pima County Public Defender By Rebecca A. McLean 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Not for Publication Rule 111, Rules of the Supreme Court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. CR20100173006
Honorable Terry L. Chandler, Judge
AFFIRMED
Lori J. Lefferts, Pima County Public Defender
By Rebecca A. McLean
Tucson
Attorneys for Appellant
ESPINOSA, Judge.
¶1 After a jury trial, appellant Marcos Zavala-Cano was convicted of conspiracy to commit armed robbery and burglary, and later pled guilty to sale and/or transfer of a dangerous drug. The trial court sentenced him to mitigated, concurrent four-year terms of imprisonment. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), stating she has reviewed the record and has found no "meritorious issues for appeal." Counsel has asked us to search the record for fundamental error. Zavala-Cano has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdicts, the evidence was sufficient to support the jury's findings of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence presented at trial showed that Zavala-Cano and five others had made arrangements with undercover police officers posing as drug traffickers to commit a home invasion robbery. We further conclude the trial court correctly sentenced Zavala-Cano.
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Zavala-Cano's convictions and sentences are affirmed.
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PHILIP G. ESPINOSA, Judge
CONCURRING:
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GARYE L. VÁSQUEZ, Presiding Judge
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VIRGINIA C. KELLY, Judge