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
IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
STATE OF ARIZONA,
)
)
)
)
)
)
)
)
)
)
)
Appellee,
v.
ROBERT WAYNE LAMB,
Appellant.
DIVISION ONE
FILED: 06/21/2011
RUTH A. WILLINGHAM,
CLERK
BY: GH
1 CA-CR 10-0623
DEPARTMENT E
MEMORANDUM DECISION
(Not for Publication –
Rule 111, Rules of the
Arizona Supreme Court)
Appeal from the Superior Court in Maricopa County
Cause No. CR2009-030254-001 SE
The Honorable Michael W. Kemp, Judge
AFFIRMED
Thomas C. Horne, Attorney General
by
Kent E. Cattani, Chief Counsel,
Criminal Appeals/Capital Litigation Section
Attorneys for Appellee
Phoenix
James J. Haas, Maricopa County Public Defender
by
Terry J. Reid, Deputy Public Defender
Attorneys for Appellant
Phoenix
P O R T L E Y, Judge
¶1
738
This is an appeal under Anders v. California, 386 U.S.
(1967)
and
State
v.
Leon,
104
Ariz.
297,
451
P.2d
878
(1969).
Counsel for Defendant Robert Wayne Lamb has advised us
that, after searching the entire record, she has been unable to
discover any arguable questions of law, and has filed a brief
requesting
us
to
conduct
an
Anders
review
of
the
record.
Defendant was given an opportunity to file a supplemental brief,
and has not filed one.
FACTS 1
¶2
Tempe police received reports that a man was walking
near downtown Tempe with a rifle on September 14, 2007.
Officer
Kelch was dispatched and saw Defendant carrying a hunting rifle.
He stopped his car, got out, and three times ordered Defendant
to drop the gun.
Instead of complying, Defendant pointed the
rifle at Officer Kelch.
Fearing for his life, Officer Kelch
fired twice and struck Defendant.
Defendant put down the rifle
after Officer Kelch’s gun malfunctioned when he attempted to
fire a third shot.
¶3
Defendant was treated at a local hospital, released
six hours later, and immediately arrested.
After having his
Miranda 2 rights read to him, Defendant agreed to be interviewed.
Defendant
admitted
pointing
the
rifle
at
Officer
Kelch
and
stated that he wanted to “kill every goddamn cop in the state.”
1
We review the facts in the light most favorable to sustaining
the verdict. See State v. Guerra, 161 Ariz. 289, 293, 778 P.2d
1185, 1189 (1989).
2
Miranda v. Arizona, 384 U.S. 436 (1966).
2
¶4
Defendant
was
subsequently
indicted
assault, a class 2 dangerous felony.
for
aggravated
He was tried.
The jury
was given the proper instructions and determined that the State
had
met
its
burden
of
proof.
As
a
result,
Defendant
was
convicted as charged, and the jury determined that the offense
was
dangerous.
Defendant
was
subsequently
sentenced
to
an
aggravated term of twelve years in prison with 823 days credit
for
time
served,
and
a
consecutive
term
of
community
supervision.
¶5
We
have
jurisdiction
over
this
appeal
pursuant
to
Article 6, Section 9, of the Arizona Constitution, and Arizona
Revised Statutes (“A.R.S.”) sections 12-120.21(A)(1) (2003), 134031, and -4033(A)(1) (2010).
DISCUSSION
¶6
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
We find none.
881.
All
of
the
proceedings were conducted in compliance with the Arizona Rules
of Criminal Procedure.
Defendant
was
The record, as presented, reveals that
represented
by
counsel
at
all
stages
of
the
proceedings, and the sentence imposed was within the statutory
limits.
3
CONCLUSION
¶7
After
obligation
to
this
decision
represent
has
Defendant
in
been
this
filed,
appeal
counsel’s
has
ended.
Counsel need do no more than inform Defendant of the status of
the
appeal
reveals
an
and
his
issue
future
options,
appropriate
for
unless
submission
Supreme Court by petition for review.
counsel’s
to
the
review
Arizona
See State v. Shattuck,
140 Ariz. 582, 585, 684 P.2d 154, 157 (1984).
Defendant can, if
desired,
or
file
a
motion
for
reconsideration
petition
for
review pursuant to the Arizona Rules of Criminal Procedure.
¶8
Accordingly,
we
affirm
Defendant’s
conviction
and
sentence.
/s/
_____________________________
MAURICE PORTLEY, Judge
CONCURRING:
/s/
_______________________________
PETER B. SWANN, Presiding Judge
/s/
_______________________________
PATRICK IRVINE, Judge
4
