Opinion
No. 2 CA-CR 2017-0420
08-28-2018
THE STATE OF ARIZONA, Appellee, v. MARVIN CHRISTY, Appellant.
COUNSEL James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, 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NOT FOR PUBLICATION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 Pima County
No. CR20162655001
The Honorable Michael Butler, Judge
AFFIRMED
COUNSEL
James Fullin, Pima County Legal Defender
By Jeffrey Kautenburger, Assistant Legal Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Chief Judge Eckerstrom and Judge Brearcliffe concurred.
STARING, Presiding Judge:
¶1 After a bifurcated jury trial in absentia, Marvin Christy was convicted of four counts of weapons misconduct and one count of cruelty to animals. The trial court sentenced him to concurrent, presumptive 2.5-year prison terms for the weapons offenses and to time served for the misdemeanor animal cruelty offense. Counsel filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting he has reviewed the record but found no "tenable issue to raise on appeal." Consistent with Clark, 196 Ariz. 530, ¶ 32, he has provided "a detailed factual and procedural history of the case with citations to the record" and asked this court to search the record for error. Christy has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence was sufficient to support the jury's findings of guilt. The evidence presented at trial established that in May 2016, just after Christy's neighbor saw him with a shotgun, she discovered one of her eight dogs had been shot, placing the injured animal "in pain." Christy admitted to officers that he had shot the dog "[a] couple of times" with a shotgun which he owned, and further acknowledged the dog was not acting aggressively and he had not shot him in self-defense. On June 2, 2016, while conducting a search of Christy's home pursuant to a search warrant, officers discovered three guns in his bedroom. Christy was a convicted felon whose firearms rights had not been restored. See A.R.S. §§ 13-2910(A)(3), (G), 13-3101(A)(7)(b), 13-3102(A)(4), (M). We also conclude the sentences imposed are within the statutory limits. See A.R.S. §§ 13-702(D), 13-707(A)(1).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985) (stating Anders requires court to search record for fundamental error). Accordingly, we affirm Christy's convictions and sentences.