Opinion
No. 2 CA-CR 2018-0236
03-27-2019
COUNSEL Harriette P. Levitt, Tucson Counsel for Appellant
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NOT FOR PUBLICATION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. 31.19(e).
Appeal from the Superior Court in Pinal County
No. S1100CR201602826
The Honorable Kevin D. White, Judge
AFFIRMED
COUNSEL
Harriette P. Levitt, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Vásquez authored the decision of the Court, in which Presiding Judge Staring and Judge Brearcliffe concurred.
VÁSQUEZ, Judge:
¶1 Following a jury trial in absentia, appellant Gator Robles was convicted of theft of a means of transportation, unlawful flight from a law enforcement vehicle, and misdemeanor endangerment. The trial court sentenced him to presumptive, concurrent jail and prison terms, the longest of which is 6.5 years. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating she has reviewed the record and has found "no arguable issues" to raise on appeal. Counsel has asked us to search the record for error. Robles has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdicts, see State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013), the evidence presented at trial was sufficient to support the jury's findings of guilt, see A.R.S. §§ 13-1201(A), 13-1814(A)(5), 28-622.01. The evidence showed that Robles, who had two prior felony convictions, was stopped by a Pinal County Sheriff's deputy while driving a vehicle that had been reported stolen and that he did not have permission to use; he fled and, after a high-speed pursuit by the deputy who was driving a marked patrol vehicle with activated lights and sirens, he made a U-turn and drove head-on at the deputy's vehicle. We further conclude the sentence imposed is within the statutory limit. See A.R.S. §§ 13-703(I), 13-707(A), 13-1201(B), 13-1814(D), 28-622.01.
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Robles's convictions and sentences are affirmed.