STATE OF ARIZONA v. JAMIE L. WIEDMAIER

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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 FILED BY CLERK SEP -3 2010 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. JAMIE L. WIEDMAIER, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2010-0054 DEPARTMENT A MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF COCHISE COUNTY Cause No. CR200900340 Honorable Wallace R. Hoggatt, Judge AFFIRMED Joel Larson, Cochise County Legal Defender By Thomas C. Holz Bisbee Attorneys for Appellant E S P I N O S A, Judge. ¶1 After a two-day trial, appellant Jamie Wiedmaier was convicted of aggravated shoplifting for taking merchandise from a department store without paying for it. After finding Wiedmaier had a historical prior felony conviction in 2006 for attempted aggravated shoplifting, the trial court sentenced him to 4.5 years in prison, and this appeal followed. ¶2 Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999). Counsel states he has reviewed the record without finding any arguable issues to raise on appeal and asks this court to search the record for reversible error. In compliance with Clark, counsel has provided a detailed factual and procedural history of the case with citations to the record, [so] this court can satisfy itself that counsel has in fact thoroughly reviewed the record. 196 Ariz. 530, ¶ 32, 2 P.3d at 97. Wiedmaier has not filed a supplemental brief. ¶3 Reasonable evidence in the record supports the jury s verdict, and Wiedmaier s 4.5-year enhanced prison term was the statutorily prescribed presumptive sentence for a repetitive, class four felony committed in April 2009 with one historical prior felony conviction. See A.R.S. § 13-703(B)(2), (I). We have examined the record pursuant to Anders and have found no reversible error and no arguable issue warranting further appellate review. See Anders, 386 U.S. at 744. Wiedmaier s conviction and sentence are therefore affirmed. /s/ Philip G. Espinosa PHILIP G. ESPINOSA, Judge CONCURRING: /s/ Joseph W. Howard JOSEPH W. HOWARD, Chief Judge /s/ J. William Brammer, Jr. J. WILLIAM BRAMMER, JR., Presiding Judge 2

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