State v. Robinson

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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. TRACY LEE ROBINSON, Appellant. ) ) ) ) ) ) ) ) ) ) ) ) ) ) DIVISION ONE FILED: 08/24/2010 RUTH WILLINGHAM, ACTING CLERK BY: GH 1 CA-CR 09-0949 DEPARTMENT A MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court Appeal from the Superior Court in Mohave County Cause No. CR-2009-0718 The Honorable Derek Carlisle, Judge Pro Tempore AFFIRMED Terry Goddard, Arizona Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/Capital Litigation Section Attorneys for Appellee Phoenix John A. Pecchia, Mohave County Public Defender Kingman By Jill L. Evans, Mohave County Appellate Defender Attorneys for Appellant B A R K E R, Judge ¶1 Tracy Lee Robinson appeals from sentence for one count of resisting arrest. his conviction and Robinson 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, she finds no arguable ground for reversal. We granted Robinson leave to file a supplemental brief in propria persona on or before July 19, 2010, but he 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) (2010). reversible error. We are required to search the record for Finding no such error, we affirm. Facts and Procedural Background 1 ¶3 In the early morning hours on July 6, 2009, Deputy P. and Deputy G. of the Mohave County Sheriff s Office were parked at an intersection when Robinson s car failed to completely stop at the stop sign. Deputy P. drove behind Robinson s car, turned on his overhead emergency lights, and sounded his siren twice in an effort to make a traffic stop. 1 Deputy G. followed Deputy We view the facts in the light most favorable to sustaining the court s judgment and resolve all inferences against Robinson. State v. Fontes, 195 Ariz. 229, 230, ¶ 2, 986 P.2d 897, 898 (App. 1998); State v. Moore, 183 Ariz. 183, 186, 901 P.2d 1213, 1216 (App. 1995). 2 P. s vehicle. Each officer was driving a marked vehicle and was dressed in uniform. ¶4 Robinson s car accelerated to thirty-five miles per hour over the speed limit and ran through a second stop sign. Robinson then parked his car, exited the vehicle, Deputy P., and tried to enter his brother s home. looked at After parking his patrol car, Deputy P. identified himself as a police officer and told Robinson to stop because he was under arrest. P. then approached Robinson and struggled to Deputy arrest him. Robinson spun around and used his left hand to break Deputy P. s grip on Robinson s shirt. arrest and times. ordered him Deputy P. told Robinson he was under to stop resisting arrest about seven It took the deputies four to five minutes to arrest Robinson because he was swaying his body, elbowing the deputies in the chest, deputies. and During trying the to keep struggle, his fists Deputy G. away felt from the threatened because Robinson s hand was close to his gun. ¶5 Robinson was charged with resisting arrest, a class six felony pursuant to A.R.S. § 13-2508 (Supp. 2009). The jury heard testimony from Deputy G., Deputy P., and a third deputy. Robinson presented testimony from his brother and two neighbors who witnessed the arrest and testified that Robinson did not resist arrest. 3 ¶6 The eight-member jury count of resisting arrest. found Robinson guilty of one The State then presented evidence that Robinson committed this crime while released on another felony offense, allegation. and the jury found the State proved this Robinson was sentenced to two years and nine months imprisonment, which consisted of a mitigated term of nine months imprisonment for resisting arrest and two years imprisonment for resisting arrest while released on another felony. awarded eighty-six days of presentence Robinson was incarceration credit. Robinson filed this timely notice of appeal. Disposition ¶7 We have reviewed the record and found no meritorious grounds for reversal of Robinson s modification of the sentence imposed. conviction at represented all by critical stages counsel. All of for See Anders, 386 U.S. at 744; Leon, 104 Ariz. at 300, 451 P.2d at 881. present or the Robinson was proceedings proceedings were and conducted was in accordance with the Arizona Rules of Criminal Procedure. ¶8 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 Robinson of the status of the appeal review Arizona and reveals Supreme Robinson s an issue Court by future options, appropriate for petition 4 for unless counsel s submission review. to State the v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984). Robinson has proceed, if thirty he days from desires, the with date a of pro this decision per motion to for reconsideration or petition for review. /s/ __________________________________ DANIEL A. BARKER, Judge CONCURRING: /s/ ____________________________________ PATRICIA A. OROZCO, Presiding Judge /s/ ___________________________________ LAWRENCE F. WINTHROP, Judge 5

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