State v. Jaramillo

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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. RAFAEL ANGEL JARAMILLO, Appellant. 1 CA-CR 10-0729 DEPARTMENT E DIVISION ONE FILED: 07/21/2011 RUTH A. WILLINGHAM, CLERK BY: DLL MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court in Maricopa County Cause No. CR2007-134222-001 SE The Honorable Connie Contes, Judge AFFIRMED Thomas C. Horne, Attorney General by Kent E. Cattani, Chief Counsel, Criminal Appeals/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 P O R T L E Y, Judge ¶1 738 This is an appeal under Anders v. California, 386 U.S. (1967) and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Defendant Rafael Angel Jaramillo has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law, and has filed a brief requesting us to conduct an Anders review of the record. Defendant was given an opportunity to file a supplemental brief and has not filed one. FACTS 1 ¶2 her Defendant and his girlfriend had an argument outside apartment on May 27, 2007. Afterwards, she called the police and told them that Defendant was carrying a gun in a shoulder holster. The police found the apartment, but he was not carrying a gun. Defendant near the After searching the area, the police found a gun and a shoulder holster in a bush, and Defendant s fingerprints were subsequently found on the gun. ¶3 Defendant weapon. 2 The jury convicted him as charged, and he was sentenced to years 4.5 was in indicted prison with for misconduct 1,038 days of involving a presentence incarceration credit. 1 We review the facts in the light most favorable to sustaining the verdict. See State v. Guerra, 161 Ariz. 289, 293, 778 P.2d 1185, 1189 (1989). 2 As a convicted felon, Defendant was a prohibited possessor of a firearm. A.R.S. § 13-3102(A)(1)(4) (Supp. 2010). We cite to the current version of the statute unless there has been a material revision. See State v. Villalobos, 225 Ariz. 74, 78 n.2, ¶ 9, 235 P.3d 227, 231 n.2 (App. 2010). 2 ¶4 We have jurisdiction over this appeal pursuant to Article 6, Section 9, of the Arizona Constitution, and Arizona Revised Statutes ( A.R.S. ) sections 12-120.21(A)(1) (2003), 134031, and -4033(A)(1) (2010). DISCUSSION ¶5 We have read and considered counsel s brief, and have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at We find none. 881. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure. Defendant was The record, as presented, reveals that represented by counsel at all stages of the proceedings, and the sentence imposed was within the statutory limits. CONCLUSION ¶6 After obligation to this decision represent has Defendant been in filed, this appeal counsel s has ended. Counsel need do no more than inform Defendant of the status of the appeal review and reveals Defendant s an issue future options, appropriate for unless submission Arizona Supreme Court by petition for review. Shattuck, 140 Ariz. 582, 585, 684 P.2d 154, counsel s to the See State v. 157 (1984). Defendant can, if desired, file a motion for reconsideration or petition for review pursuant to the Arizona Rules of Criminal Procedure. 3 ¶7 Accordingly, we affirm Defendant s conviction and sentence. /s/ ________________________________ MAURICE PORTLEY, Presiding Judge CONCURRING: /s/ ____________________________ LAWRENCE F. WINTHROP, Judge /s/ ____________________________ PATRICK IRVINE, Judge 4

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