STATE OF ARIZONA v. RICHARD MANUEL CAZARES

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IN THE ARIZONA COURT OF APPEALS DIVISION TWOR THE STATE OF ARIZONA, Appellee, v. RICHARD MANUEL CAZARES, Appellant. No. 2 CA-CR 2015-0076 Filed February 18, 2016 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 NOT FOR PUBLICATION See Ariz.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. CR20142561001 The Honorable Kenneth Lee, Judge AFFIRMED COUNSEL Steven R. Sonenberg, Pima County Public Defender By Abigail Jensen, Assistant Public Defender, Tucson Counsel for Appellant STATE v. CAZARES Decision of the Court MEMORANDUM DECISION Judge Miller authored the decision of the Court, in which Presiding Judge Vásquez and Chief Judge Eckerstrom concurred. M I L L E R, Judge: ¶1 After a jury trial, Richard Cazares was convicted of first-degree criminal trespass and four counts of assault. The trial court sentenced him to a three-year prison term for criminal trespass, with time served on his assault convictions. 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 she 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, 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. Cazares has not filed a supplemental brief. ¶2 Viewing the evidence in the light most favorable to sustaining the jury’s verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports them here. In June 2014, Cazares kicked open the door of an apartment and threatened its four occupants while brandishing a knife. See A.R.S. §§ 13-1203(A)(2); 13-1504(A)(1). And sufficient evidence supported the trial court’s conclusion that Cazares had at least two historical prior felony convictions. His sentence was within the statutory range and properly imposed. See A.R.S. §§ 13-703(C), (J); 13-1504(B). ¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental 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). We affirm Cazares’s convictions and sentences. 2

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