STATE OF ARIZONA v. RAYNALDO O. OBREGON

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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 FEB 10 2011 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. RAYNALDO O. OBREGON, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2010-0186 DEPARTMENT B MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR20083716 Honorable Deborah Bernini, Judge AFFIRMED Harriette P. Levitt Tucson Attorney for Appellant V à S Q U E Z, Presiding Judge. ¶1 After a jury trial, appellant Raynaldo Obregon was convicted of sexual conduct with a minor. The trial court suspended imposition of sentence and placed Obregon on probation for a term of five years, with the condition that he serve thirty days in jail. 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), avowing she has reviewed the record and found no arguable issues to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, she has provided a detailed factual and procedural history of the case with citations to the record, and asks this court to search the record for error. Obregon has not filed a supplemental brief. ¶2 We conclude substantial evidence supported the jury s verdict. See A.R.S. § 13-1405(A). In sum, the evidence established that Obregon engaged in sexual intercourse with his brother s fifteen-year-old stepdaughter. We further conclude that Obregon s term and conditions of probation were authorized by statute and imposed in a lawful manner. See A.R.S. §§ 13-901(F), 13-902(E). ¶3 In our examination of the record pursuant to Anders, we have found no fundamental or reversible error and no arguable issue warranting further appellate review. See Anders, 386 U.S. at 744. Accordingly, we affirm Obregon s conviction and sentence. /s/ Garye L. Vásquez GARYE L. Và SQUEZ, Presiding Judge CONCURRING: /s/ Peter J. Eckerstrom PETER J. ECKERSTROM, Judge /s/ J. William Brammer, Jr. J. WILLIAM BRAMMER, JR., Judge 2

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