STATE v. BORDEAUX

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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. ) ) ANTOWAN MAURICE BORDEAUX, ) ) Appellant. ) ) __________________________________) DIVISION ONE FILED: 12/11/2012 RUTH A. WILLINGHAM, CLERK BY: mjt 1 CA-CR 12-0177 Department E MEMORANDUM DECISION (Not for PublicationRule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Maricopa County Cause No. CR2011-123109-001 The Honorable Kristin C. Hoffman, 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 Spencer D. Heffel, 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 878 (1969). (defendant) has advised Counsel for Antowan Maurice Bordeaux us that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief Anders review of the record. requesting this court conduct an Defendant has been afforded an opportunity to file a supplemental brief in propia persona, and has not done so. ¶2 On May 8, 2011, defendant was at home with his girlfriend, B.B., and her three minor children, A.B., R.B., and J.B. After receiving bad news, defendant became violent while playing with the family. Defendant punched and slapped B.B. in the face, eyes and neck, and then attacked A.B. A.B. and her siblings ran to a bedroom upstairs; B.B. followed and locked the door behind her. Defendant kicked down the door and began to punch B.B. and hit her with the door. Defendant then grabbed A.B. by her leg and yanked her off the top of a bunk bed causing her to fall to the floor and hit her head. B.B. escaped, found a passerby with a cell phone and called the police. Defendant was charged with one count of aggravated assault as to victim R.B., a class 6 felony; one count of child abuse as to victim A.B, a class four felony; one count of criminal damage, a class 6 felony; and one count of assault as to victim B.B., a class 1 misdemeanor. All charges were domestic violence offenses. 2 ¶3 A jury convicted defendant of assault and reckless child abuse, the lesser included offense of child abuse, a class five felony. 1 The jury also found two aggravating factors: that the defendant caused physical or emotional harm to the victim, and that the offense was a domestic occurred in the presence of a child. defendant had defendant to two prior felony three years for served for assault. violence that The court found that convictions, reckless offense child and abuse sentenced and time Defendant received 243 days of presentence incarceration credit. ¶4 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. 1 The jury acquitted defendant of aggravated assault, and count three, criminal damage, was dismissed at trial. 3 ¶5 We affirm the convictions and sentences. /s/ ______________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ PATRICIA K. NORRIS, Presiding Judge /s/ ___________________________________ DIANE M. JOHNSEN, Judge 4

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