STATE OF ARIZONA v. SIONE PONGI TOKI
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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 OCT 27 2011 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. SIONE PONGI TOKI, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2011-0107 DEPARTMENT B MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PINAL COUNTY Cause No. S1100CR201000175 Honorable Boyd T. Johnson, Judge AFFIRMED Harriette P. Levitt Tucson Attorney for Appellant V à S Q U E Z, Presiding Judge. ¶1 After a three-day jury trial, appellant Sione Toki was convicted of three counts of child molestation, class two felonies and dangerous crimes against children. See A.R.S. §§ 13-1410, 13-1401(2). The trial court sentenced him to consecutive, presumptive sentences totaling fifty-one 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 (App. 1999), stating she has reviewed the record thoroughly and has found no arguable issues to raise on appeal. Counsel has asked us to search the record for error. Toki has not filed a supplemental brief. ¶2 Viewed in the light most favorable to sustaining the verdicts, the evidence was sufficient to support each of the jury s findings of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence showed that Toki intentionally or knowingly touched the genital areas of two of his grandchildren, who were approximately five and ten years old when the incidents took place. In addition, the sentences are within the statutory limits and were imposed legally. See A.R.S. § 13705(D). ¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. We therefore affirm Toki s convictions and sentences. /s/ Garye L. Vásquez GARYE L. Và SQUEZ, Presiding Judge CONCURRING: /s/ Virginia C. Kelly VIRGINIA C. KELLY, Judge /s/ J. William Brammer, Jr. J. WILLIAM BRAMMER, JR., Judge 2
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