STATE v. KELLY
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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. 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. ) ) GARY THOMAS KELLEY, ) ) Appellant. ) ) __________________________________) DIVISION ONE FILED: 10/18/2012 RUTH A. WILLINGHAM, CLERK BY: sls 1 CA-CR 11-0496 Department B MEMORANDUM DECISION (Not for PublicationRule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Maricopa County Cause No. CR2010-123572-001DT The Honorable Susan M. Brnovich, Judge AFFIRMED Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals Section Attorneys for Appellee Phoenix James J. Haas, Maricopa County Public Defender By Kathryn L. Petroff, Deputy Public Defender Attorneys for Appellant Phoenix T H O M P S O N, 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 (defendant) has 878 (1969). advised Counsel us that, for after Gary Thomas searching the Kelley entire record, she 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 which he has done. ¶2 At approximately 1:00 p.m. on the afternoon of May 6, 2010, defendant walked two houses south of his own home to the home of victim J.V. where J.V. was working outside. altercation between defendant and J.V. ensued. A verbal J.V. s brother, victim A.V., also became involved and during the course of the argument, the three men ended up on the sidewalk in front of their neighbor Joe s house. The victims stood approximately two to four feet from defendant. witnessed the defendant. dispute Joe came to his front door and through his screen. J.V. kicked at Defendant then removed a gun from his waistband and fired one shot which hit J.V. in the side of his face, killing him. Defendant then pointed and cocked the gun at A.V. but did not shoot. Defendant turned around and returned to his own home. ¶3 Defendant was charged with two counts: second degree murder, a class 1 dangerous felony, as to J.V. and aggravated assault, a class 3 dangerous felony, as to A.V. Defendant was 2 convicted, on both counts, after a jury trial in which testified. At trial he made a claim of self-defense. he He was sentenced to an aggravated sentence of 20 flat years on count one and a presumptive term of 7.5 years on count two, to be served consecutively. incarceration credit. ¶4 He received 425 days presentence Defendant timely appealed. We have read and considered counsel s brief and have searched the entire record for reversible error. Ariz. at 300, 451 P.2d at 881. We find none. See Leon, 104 All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. 584-85, 684 P.2d Pursuant to State v. Shattuck, 140 Ariz. 582, 154, 156-57 (1984), defendant s counsel s obligations in this appeal are at an end. ¶5 We affirm the convictions and sentences. /s/ ______________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ PATRICIA A. OROZCO, Presiding Judge /s/ __________________________________ LAWRENCE F. WINTHROP, Judge 3
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