State v. Salazar

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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. LEE ISAAC SALAZAR, Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1 CA-CR 09-0704 DIVISION ONE FILED: 06-17-2010 PHILIP G. URRY,CLERK BY: GH DEPARTMENT A MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. CR2008-169601-002 DT The Honorable Paul J. McMurdie, Judge AFFIRMED Terry Goddard, Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals Section/ Capital Litigation Section Attorneys for Appellee Phoenix Bruce F. Peterson, Legal Advocate Consuelo M. Ohanesian, Deputy Legal Advocate Attorneys for Appellant Phoenix B A R K E R, Judge ¶1 Lee Isaac Salazar appeals sentence for armed robbery, a from class his two conviction dangerous and felony. Salazar was sentenced on September 15, 2009, and timely filed a notice of appeal on September 23, 2009. Salazar s counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), advising this court that after searching the entire record on appeal, he finds no arguable ground for reversal. Salazar was granted leave to file a supplemental brief in propria persona on or before May 19, 2010, and did not do so. ¶2 of We have jurisdiction pursuant to Article 6, Section 9, the Arizona Constitution and Arizona Revised Statutes ( A.R.S. ) sections 12-120.21(A)(1) (2003), 13-4031 (2010), and 13-4033(A)(1) (2010). reversible error. We are required to search the record for Finding no such error, we affirm. Facts and Procedural Background 1 ¶3 to On November 6, 2008, Victim brought a drink order out two female customers restaurant late at night. in a dark pickup truck at a Sonic As Victim handed the drinks to the two women in the truck, a man came up from behind and pressed a knife to Victim s neck, and another man came in front of him and 1 We review the facts in the light most favorable to sustaining the jury s verdict and resolve all inferences against Salazar. State v. Fontes, 195 Ariz. 229, 230, ¶ 2, 986 P.2d 897, 898 (App. 1998). 2 started yanking at his changer and apron demanding money. The changer contained $30 to $35 and the apron held $170 to $190. Victim gave the men his changer and apron then ran back into the store and told his manager that he had just been robbed. manager called the police. The She noticed red marks on Victim s neck, skinned knees, missing hat, apron, and changer, and that he looked very distraught and frantic. Earlier that evening, the manager had noticed a Dodge Ram circle the Sonic lot three to four times. ¶4 Officer J.L. arrived at the Sonic and spoke with Victim who was very shooken [sic] up and very, very anxious. Officer L.C. stopped a black Dodge pickup that was in the area. When he noticed the two subjects in the back seat matched the description of the two robbery suspects he pointed his weapon at the vehicle and walked over to the passenger door. When Officer L.C. opened the door some money fell out and he noticed a large sum of money on the floor behind the passenger seat. with Sonic s logo on it was found behind a An apron nearby Detective J.B. found Sonic drink cups in the truck. store. Victim identified the two men and one of the women in the truck. At the police station, Salazar waived his Miranda rights and told the police he went to Sonic to get the money. 3 He admitted to removing the changer and apron from Victim, but said the other man held the knife. ¶5 On November 12, 2008, Salazar was charged with armed robbery, a class two dangerous felony. State s plea proceeded counsel to at offer after trial. all times a Donald Salazar rejected the advisement, Salazar was present during trial. The and and his case represented court conducted by a voluntariness hearing on July 23, 2009. ¶6 At trial, the State presented testimony by Victim, the Sonic manager, two Sonic customers who were present at the time of the robbery, four police officers, and a detective. Victim identified Salazar the night of the robbery and testified at trial that Salazar was one of the two men who robbed him with a knife. Victim testified that he was incredibly scared with a knife to [his] neck, and he thought [he] was going to die at that point. Two Sonic customers identified the vehicle and heard Victim say he had just been robbed. When Officer L.C. opened the door to the truck money fell out and he saw a large sum of money on the floor behind the passenger seat. Detective J.B. testified that Sonic drink cups were in the cab of the truck. At the conclusion of the State s case, the defense presented the testimony of Detective D.H.; C.R., the driver of the truck; and S.R., the female passenger. 4 C.R. testified that Salazar pocket checked Victim, meaning he took Victim s money. S.R. testified that the robbery was planned. Salazar did not testify at trial. ¶7 At convicted the conclusion Salazar of dangerous offense. determine State armed proven trial, robbery an and eight-person found it to jury be a Salazar waived his right to have the jury aggravating had of circumstances, beyond a and reasonable the doubt factor of the presence of an accomplice. court the found the aggravating At sentencing, the trial court provided Salazar an opportunity to speak and then ordered a mitigated sentence of 7 years with 112 days of presentence incarceration credit, and $300 in restitution owed jointly and severally. Disposition ¶8 We have reviewed the record and have found no meritorious grounds for reversal of Salazar s conviction or for modification of the sentence imposed. See Anders, 386 U.S. at 744; Leon, 104 Ariz. at 300, 451 P.2d at 881. present at all represented by accordance with critical counsel. the stages All of the proceedings proceedings Arizona Rules Accordingly, we affirm. 5 of Salazar was were and conducted Criminal was in Procedure. ¶9 After the filing of this decision, counsel s obligations in this appeal have ended subject to the following. Counsel need do no more than inform Salazar of the status of the appeal reveals and an Salazar s issue future options, appropriate for unless submission Supreme Court by petition for review. counsel s to the review Arizona State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984). Salazar has thirty days from the date of this decision to proceed, if he desires, with a pro per motion for reconsideration or petition for review. /S/ _________________________________ DANIEL A. BARKER, Judge CONCURRING: /S/ _________________________________ PATRICIA A. OROZCO, Presiding Judge /S/ _________________________________ LAWRENCE F. WINTHROP, Judge 6

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