State v. Starks

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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 DIVISION ONE FILED: 06/17/10 PHILIP G. URRY,CLERK BY: JT STATE OF ARIZONA, Appellee, v. RENE RAY STARKS, Appellant. ) ) ) ) ) ) ) ) ) ) ) ) No. 1 CA-CR 09-0725 DEPARTMENT C MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. CR2008-149740-001 DT The Honorable Joseph C. Welty, Judge AFFIRMED Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee Thomas A. Gorman Attorney for Appellant B R O W N, Judge Phoenix Sedona ¶1 Rene Ray Starks appeals his convictions and sentences for armed robbery, kidnapping, aggravated assault and misconduct involving weapons. Counsel for Starks 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 that after searching the record on appeal, he was unable to find any arguable grounds for reversal. Starks was granted the opportunity to file a supplemental brief in propria persona, but has not done so. ¶2 Our obligation reversible error. is favorable to reasonable inferences 289, the entire record for We view the facts in the light most sustaining 293, review State v. Clark, 196 Ariz. 530, 537, ¶ 30, 2 P.3d 89, 96 (App. 1999). Ariz. to the against 778 P.2d conviction Starks. 1185, and State 1189 resolve v. Guerra, (1989). Finding all 161 no reversible error, we affirm. ¶3 Starks was charged by indictment with one count of armed robbery, a class 2 dangerous felony in violation of Arizona Revised Statutes ( A.R.S. ) section 13-1904(A) (2010); one count of kidnapping, a class 2 dangerous felony in violation of A.R.S. § 13-1304 (A)(3) (2010); one count of aggravated assault, a class 2 dangerous felony in violation of A.R.S. § 131204(A)(2), (8)(a) (2010), and 2 two counts of misconduct involving weapons, class 4 felonies in violation of A.R.S. § 133102(A)(3) and (4) (2010). ¶4 The following evidence was presented at trial. The victim testified that on July 31, 2008, Starks entered a liquor store located University. near the intersection of 16th Street Starks, who was a regular customer of the store, was wearing a ski mask. He brandished a sawed-off rifle and demanded that the victim give him money. The victim moved to the cash register as Starks held a bag out for the money. emptying and both cash registers, the victim thought After Starks was going to leave, but instead he continued to point the rifle at the victim and told him to go to the back of the store. The victim thought Starks was going to kill him. ¶5 As Starks was retreating towards the back of the store, the victim swung and knocked the weapon onto the counter and a struggle ensued. In the meantime, a customer entered the store, heard the victim yelling for help, and immediately left the store. The victim and Starks were still struggling when Starks appeared to have difficulty breathing and removed his mask. The victim recognized Starks and told him [g]o now. out of here. gun. Get Starks refused, stating no, I got to get my After several attempts to get Starks to leave, the victim ran out the front door of the store. 3 ¶6 Arizona Department of Public Safety ( DPS ) Officer R.G. testified that on July 31, 2008, he was preparing to teach a class in police motorcade procedures at the DPS Knutson substation when a man frantically approached. The man explained to street the officer robbed. that the store across the was being R.G. and several other officers approached the liquor store as the victim ran out the front door of the store. Not knowing if he was the perpetrator, one of the other officers detained the victim. Soon afterward, Starks exited the front door of the store with his rifle drawn, aiming directly at R.G. Starks ignored the command to drop his weapon. R.G. fired a shot at Starks, hitting him in the abdomen. ¶7 The jury found Starks guilty of all five counts and the trial court determined the State met its burden in proving that Starks sentenced had him four to a prior felony combined 1 term convictions. of The sixty-seven court years 1 The sentences imposed were as follows: Count 1, 30 years with 406 days of presentence incarceration credit to be served concurrently with the sentences in counts 2 and 5; Count 2, 30 years with 406 days of presentence incarceration credit, to be served concurrently with the sentences in Counts 1 and 5; Count 3, 25 years with no presentence incarceration credit, to be served consecutively to the sentences in Counts 1, 2 and 5; Count 4, 12 years with no presentence incarceration credit, to be served consecutively to the sentences in Counts 1, 2 and 3; Count 5, 12 years with 406 days of presentence incarceration credit, to be served concurrently with the sentences in Counts 1 and 2. 4 imprisonment, with 406 days of presentence incarceration credit. Starks timely appealed. ¶8 have We have read and considered counsel s brief, and we reviewed the entire record for fundamental Leon, 104 Ariz. at 300, 451 P.2d at 881. error. We find none. See All of the proceedings were conducted in accordance with the Arizona Rules of Criminal Procedure. Starks was proceedings, sentencing, represented by As far as the record reveals, counsel he was given the and the sentences at all opportunity imposed were stages to of speak within the before statutory limits. ¶9 Upon the filing of this decision, counsel shall inform Starks of the status of the appeal and his options. Defense counsel has no further obligations, unless, upon review, counsel finds an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984). Starks has thirty days from the date of this decision to proceed, if he desires, with a pro per motion for reconsideration review. 5 or petition for ¶10 Accordingly, we affirm Starks convictions and sentences. /s/ _________________________________ MICHAEL J. BROWN, Judge CONCURRING: /s/ ______________________________ PATRICK IRVINE, Presiding Judge /s/ ______________________________ DONN KESSLER, Judge 6

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