Filed: Sep. 29, 2011
Latest Update: Sep. 29, 2011
Summary: 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 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 Marcel D. Holden (defendant) has advised us that, after searching the entire record, he has been unable to discover
Summary: 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 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 Marcel D. Holden (defendant) has advised us that, after searching the entire record, he has been unable to discover ..
More
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
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 Marcel D. Holden (defendant) has advised us that, after searching the entire record, he 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 been afforded an opportunity to file a supplemental brief in propia persona, and he has not done so.
¶2 Around 2 a.m. defendant discovered his car had been broken into after leaving the apartment of L.W., whom defendant claimed was a prostitute, and her roommate. Suspecting the involvement of L.W. defendant went back to her apartment. An altercation ensued. During the altercation the defendant displayed a gun. L.W. ran and hid in the bathroom with her roommate both fearing for their lives. Defendant kicked a hole in the bathroom door. The defendant left the apartment and drove away when he heard L.W. talking on the phone to the police.
¶3 Shortly after L.W. called 911 an officer noticed the defendant's car based upon the description provided by L.W. Defendant noticeably sped up when the officer began to follow him. The officer used the marked police car's lights and siren. Defendant did not pull over and continued until he could not see police following him.
¶4 Defendant ran from his car and knocked on the door of a random apartment belonging to a stranger, M.B. When no one answered, defendant kicked the door open and went inside. M.B. called the police after waking up and seeing the defendant.
¶5 Defendant left M.B.'s apartment in police custody. The police searched defendant and discovered a bag containing marijuana in defendant's pocket.
¶6 Defendant was charged with one count of burglary, two counts of aggravated assault, one count of unlawful flight from law enforcement, one count of criminal trespass, and one count of possession or use of marijuana. The aggravated assault counts included a lesser offense of disorderly conduct. Defendant was convicted after a jury trial of two counts of disorderly conduct, unlawful flight, criminal trespass, and possession of marijuana. Defendant was sentenced concurrently to 4.25 years for each disorderly conduct, 1.5 years for unlawful flight, 1 year for criminal trespass, and 1 year for possession. Defendant received 330 days presentence incarceration credit. Defendant timely appealed.
¶7 We have read and considered counsel's brief and 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.
¶8 We affirm the convictions and sentences.
DIANE M. JOHNSEN, Presiding Judge, MARGARET H. DOWNIE, Judge, concurring.