STATE OF ARIZONA v. GILBERT GONZALES OLIVAS

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. GILBERT GONZALES OLIVAS, Appellant. No. 2 CA-CR 2014-0364 Filed March 2, 2015 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24. Appeal from the Superior Court in Pima County No. CR20102517002 The Honorable Christopher Browning, Judge AFFIRMED COUNSEL Lori J. Lefferts, Pima County Public Defender By David J. Euchner, Assistant Public Defender, Tucson Counsel for Appellant MEMORANDUM DECISION Presiding Judge Kelly authored the decision of the Court, in which Judge Howard and Vásquez Judge concurred. STATE v. OLIVAS Decision of the Court K E L L Y, Presiding Judge: ¶1 Gilbert Olivas appeals from the sentence imposed for his conviction of aggravated robbery. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting he has reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, he 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. Olivas has not filed a supplemental brief. ¶2 After a jury trial, Olivas was convicted of two counts of aggravated assault with a deadly weapon or dangerous instrument, theft of a means of transportation, armed robbery, and aggravated robbery. The trial court sentenced him to a combination of concurrent and consecutive prison terms totaling forty-three years. Olivas appealed, waiving his right to appellate counsel and choosing to represent himself. His appeal was dismissed, however, after he failed to timely file his opening brief despite having been granted several extensions of time in which to do so. ¶3 Pursuant to Olivas’s petition for post-conviction relief, the trial court ordered that Olivas be resentenced for his conviction of aggravated robbery. At resentencing, the court imposed a presumptive, 11.25-year prison term. That sentence is within the statutory limit and was imposed properly. A.R.S. §§ 13-703(C), (J), 13-1903(B). ¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Accordingly, we affirm the sentence imposed for Olivas’s conviction of aggravated robbery. 2

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