Opinion
2 CA-CR 2012-0383
04-19-2013
THE STATE OF ARIZONA, Appellee, v. CHRISTOPHER ARTHER ZUKOWSKI, Appellant.
Angela C. Poliquin Attorney 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Not for Publication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. CR20112432001
Honorable Richard D. Nichols, Judge
AFFIRMED
Angela C. Poliquin Hamilton, MT
Attorney for Appellant
KELLY, Judge. ¶1 Appellant Christopher Zukowski was convicted after a jury trial of misconduct involving weapons, specifically possession of a firearm by a prohibited possessor, as well as unlawful discharge of a firearm within city limits and disorderly conduct. The trial court sentenced him to concurrent, enhanced, mitigated prison terms, the longest of which is six years. 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 identified as the only "arguable issue whether sufficient evidence existed for a finding of guilt on the offense of disorderly conduct." Counsel additionally asks this court to review the record for error. Zukowski has not filed a supplemental brief. ¶2 We view the evidence in the light most favorable to upholding the jury's verdicts. See State v. Haight-Gyuro, 218 Ariz. 356, ¶ 2, 186 P.3d 33, 34 (App. 2008). In July 2011, a visibly angry Zukowski, who has previous felony convictions, fired a semiautomatic pistol into the ground two to four times while standing on a public sidewalk near an apartment complex. A nearby witness testified that a bullet had ricocheted in his direction. This evidence is sufficient to support Zukowksi's convictions. A.R.S. §§ 13-2904(A)(6); 13-3101(A)(4); 13-3107(A). Certified copies of Zukowski's conviction records admitted into evidence and testimony by his probation officer adequately support the trial court's finding that he had previous felony convictions. And Zukowski's sentences were within the prescribed statutory range and imposed lawfully. See A.R.S. §§ 13-703(C), (D), (J); 13-2904(B); 13-3102(L); 13-3107(A). ¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and considered the sole arguable issue identified by counsel; we have found no reversible error. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Accordingly, Zukowski's convictions and sentences are affirmed.
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VIRGINIA C. KELLY, Judge
CONCURRING: ___________
GARYE L. VÁSQUEZ, Presiding Judge
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PHILIP G. ESPINOSA, Judge