STATE OF ARIZONA v. EMANUEL PIMENTEL
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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 FILED BY CLERK SEP 29 2011 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. EMANUEL PIMENTEL, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2011-0047 DEPARTMENT B MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR20101116001 Honorable Michael Miller, Judge AFFIRMED Robert J. Hirsh, Pima County Public Defender By Lisa M. Hise Tucson Attorneys for Appellant V à S Q U E Z, Presiding Judge. ¶1 After a jury trial, appellant Emanuel Pimentel was convicted of attempted second degree murder and two counts of aggravated assault. The trial court imposed presumptive, concurrent terms of imprisonment, the longest of which was 10.5 years. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (1999), stating she has reviewed the record and has found no arguably meritorious issue to raise on appeal. Counsel has asked us to search the record for fundamental error. Pimentel has not filed a supplemental brief. ¶2 Viewed in the light most favorable to sustaining the verdict, the evidence was sufficient to support the jury s finding of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence presented at trial showed Pimentel had shot the victim in the neck, pushed him out of the truck the two had been in, and ran over him with the truck. We further conclude the sentences imposed are within the statutory limits. ¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, we affirm Pimentel s convictions and sentences. /s/ Garye L. Vásquez GARYE L. Và SQUEZ, Presiding Judge CONCURRING: /s/ Philip G. Espinosa PHILIP G. ESPINOSA, Judge /s/ Virginia C. Kelly VIRGINIA C. KELLY, Judge 2
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