State v. Leiphart
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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. ERIC EUGENE LEIPHART, Appellant. ) ) ) ) ) ) ) ) ) ) ) DIVISION ONE FILED: 11/29/2011 RUTH A. WILLINGHAM, CLERK BY: DLL No. 1 CA-CR 11-0288 DEPARTMENT D MEMORANDUM DECISION (Not for PublicationRule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Maricopa County Cause No. CR2010-130523-001 SE The Honorable Glenn M. Davis, Judge AFFIRMED Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel Capital Litigation Section Attorneys for Appellee Phoenix James J. Haas, Maricopa County Public Defender By Paul J. Prato, Deputy Public Defender Attorneys for Appellant Phoenix T H O M P S O N, Presiding Judge ¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). (defendant) has advised us Counsel for Eric Eugene Leiphart that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting Anders review of the record. this court conduct an Defendant has been afforded an opportunity to file a supplemental brief in propia persona, and he has not done so. ¶2 Defendant 2005. and the victim s mother married in March One evening in the fall of 2005, defendant asked victim, then five years old, to go to her bedroom with him. Defendant proceeded to lock the door, expose his genitals, and touch the victim s genitals with his hand. Defendant told the victim that he would kill her mother and hurt her if she told anyone. ¶3 Victim waited until June 2010 before mother and grandparents about the incident. she told her Her grandfather called the police and the police transported defendant to the police station. Defendant admitted to touching the victim while being interviewed by the police. ¶4 Defendant was charged with one count of kidnapping, a class 2 felony and dangerous crime against children, one count of indecent exposure, a class 6 felony, one count of molestation of a child, a class 2 felony and dangerous crime against children, one count of attempted molestation of a child, a class 3 felony and dangerous crime against children, and one count of 2 threatening or intimidating, a class 1 misdemeanor. The third count, molestation of a child, included the lesser offense of attempted children. molestation of a child, a dangerous crime against After a jury trial, defendant was convicted of the lesser offense of attempted molestation of a child, a class 3 felony and a dangerous crime against children. The trial court suspended the imposition of sentencing and placed defendant on lifetime probation. As a condition of his probation, the trial court ordered defendant to serve 297 days in jail, with credit for 297 days of presentence incarceration. Defendant timely appealed. ¶5 We have read and considered counsel s brief and have searched the entire record for reversible error. Ariz. at 300, 451 P.2d at 881. We find none. See Leon, 104 All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. 584-85, 684 P.2d Pursuant to State v. Shattuck, 140 Ariz. 582, 154, 156-57 (1984), obligations in this appeal are at an end. 3 defendant s counsel s ¶6 We affirm the conviction and imposition of probation. __________________________________ JON W. THOMPSON, Presiding Judge CONCURRING: ___________________________________ MAURICE PORTLEY, Judge ___________________________________ JOHN C. GEMMILL, Judge 4
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