STATE v. MCMILLAN

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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. Sup. Ct. 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. TAURUS SNOW MCMILLAN, Appellant. ) ) ) ) ) ) ) ) ) ) ) DIVISION ONE FILED: 4/16/2013 RUTH A. WILLINGHAM, CLERK BY: mjt 1 CA-CR 12-0101 DEPARTMENT D MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Maricopa County Cause No. CR2011-115967-001 DT The Honorable Steven P. Lynch, Commissioner AFFIRMED Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals Section Attorneys for Appellee Phoenix James J. Haas, Maricopa County Public Defender By Cory Engle, Deputy Public Defender Attorneys for Appellant Phoenix T H O M P S O N, 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). Counsel for Taurus Snow McMillan (defendant), after searching the entire record, has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, and he has done so. ¶2 In 2011, Child Protective Services (CPS) began an investigation of defendant and the safety of his four children. CPS took custody of three of the children and placed them with their maternal grandmother, but defendant refused to turn over custody of T.M. under which dependency. it CPS gave defendant a temporary custody notice would take custody of T.M. while filing for However, defendant continued to refuse access to T.M. and stated that [T.M.] would be in Mexico . . . before [they would] be able to see him. CPS obtained a court order and a judge verbally instructed defendant, who was present, to deliver T.M. to CPS. When defendant did not do so, CPS contacted police to locate T.M., who was found with defendant six days later. ¶3 The state charged defendant with one count of custodial interference, a class 6 felony and a domestic violence offense. At trial, the state presented evidence that CPS had a right to custody of T.M., that defendant was aware of CPS s custodial right, and that defendant 2 nevertheless denied CPS access to T.M. The jury found defendant guilty as charged. The trial court heard evidence of three prior felonies, one of which it treated as a historical prior felony conviction. The court sentenced defendant to a slightly aggravated term of 1 year and 10 months in incarceration. ¶4 We defendant s prison with credit at have read supplemental 881. conducted in Procedure. We find compliance So adequately 64 days of presentence Defendant timely appealed. and considered brief record for reversible error. P.2d for far represented as and have searched brief the and entire See Leon, 104 Ariz. at 300, 451 none. with the by counsel s All the of the Arizona record counsel proceedings Rules reveals, at all of Criminal defendant stages were of was the proceedings, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant s counsel s obligations in this appeal are at an end. Defendant has thirty days from the date of this decision in which to proceed, if he so desires, with an in propria persona motion petition for review. 3 for reconsideration or ¶5 We affirm the convictions and sentences. /s/ ________________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ JOHN C. GEMMILL, Presiding Judge /s/ ___________________________________ DONN KESSLER, Judge 4

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