State v. Arbolida

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz.R.Sup.Ct. 111(c); ARCAP 28(c); Ariz.R.Crim.P. 31.24 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, Appellee, v. ROBERT SANDOVAL ARBOLIDA, JR., Appellant. ) ) ) ) ) ) ) ) ) ) DIVISION ONE FILED: 02/04/2010 PHILIP G. URRY,CLERK BY: GH 1 CA-CR 09-0274 DEPARTMENT D MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. CR2008-160693-001 DT The Honorable John R. Hannah, Judge AFFIRMED Terry Goddard, Attorney General by Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee Phoenix Maricopa County Public Defender by Christopher V. Johns, Deputy Public Defender Attorneys for Appellant Phoenix I R V I N E, Judge ¶1 This appeal is filed in accordance with Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Robert Sandoval Arbolida, Jr., ( Arbolida ) asks this court to search the record for fundamental error. Arbolida was given an opportunity to file a supplemental brief in propria persona. Arbolida has not done so. After reviewing the record, we affirm Arbolida s convictions and sentences for burglary in the second degree and criminal trespass in the first degree. FACTS AND PROCEDURAL HISTORY ¶2 The State charged Arbolida with two counts of burglary in the second degree, class three felonies. At the close of the evidence, the trial court properly instructed the jury on the elements of the offenses. The jury found Arbolida guilty of one count of burglary. On Count 2, the jury convicted Arbolida of the lesser-included offense of criminal trespass, a class six felony. ¶3 The trial court conducted the sentencing hearing in compliance with Arbolida s constitutional rights and Rule 26 of the Arizona Rules of Criminal Procedure. The trial court sentenced Arbolida to a term of 11.25 years imprisonment in the Arizona Department of Corrections for Count 1 and a term of 3.75 years for Count 2. The court further ordered that Count 2 be served concurrent to Count 1. Additionally, the court credited Arbolida with 201 days of presentence incarceration. 2 DISCUSSION ¶4 We Section 9, exercise of the jurisdiction Arizona pursuant Constitution and to Article Arizona 6, Revised Statutes section 12-120.21(A)(1) (2003). We review Arbolida s convictions and sentences for fundamental error. See State v. Gendron, 168 Ariz. 153, 155, 812 P.2d 626, 628 (1991). ¶5 Counsel for Arbolida has advised this court that after a diligent search of the entire record, he has found no arguable question of law. The court has read and considered counsel s brief and fully reviewed the 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 Arbolida Criminal was Procedure. represented by So far as counsel at the all record stages reveals, of the proceedings and the sentence imposed was within the statutory limits. We decline to order briefing and we affirm Arbolida s convictions and sentences. ¶6 Upon the filing of this decision, defense counsel shall inform Arbolida of the status of his appeal and of his future unless, options. upon Defense review, counsel counsel has finds an no further issue obligations appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 15657 (1984). Arbolida shall have thirty days from the date of this 3 decision to proceed, if he desires, with a pro per motion for reconsideration or petition for review. On the court s own motion, we extend the time for Arbolida to file a pro per motion for reconsideration to thirty days from the date of this decision. CONCLUSION ¶7 Arbolida s convictions and sentences are affirmed. /s/ __________________________________ PATRICK IRVINE, Judge CONCURRING: /s/ _____________________________________ JOHN C. GEMMILL, Presiding Judge /s/ _____________________________________ JON W. THOMPSON, Judge 4

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