Opinion
No. 2 CA-CR 2017-0045
07-31-2017
THE STATE OF ARIZONA, Appellee, v. SPENCER JAMAL HUCKABY, Appellant.
COUNSEL E.M. Hale Law, Show Low By Elizabeth M. Hale 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NOT FOR PUBLICATION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. 31.24. Appeal from the Superior Court in Graham County
No. CR201600123
The Honorable Michael D. Peterson, Judge
AFFIRMED
COUNSEL E.M. Hale Law, Show Low
By Elizabeth M. Hale
Counsel for Appellant
MEMORANDUM DECISION
Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Vásquez and Judge Howard concurred. ECKERSTROM, Chief Judge:
The Hon. Joseph W. Howard, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. --------
¶1 After a jury trial, Spencer Huckaby was convicted of aggravated assault on a peace officer and resisting arrest. The trial court suspended the imposition of sentence and placed Huckaby on concurrent, three-year terms of probation.
¶2 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 arguably meritorious 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 asked this court to search the record for error. Huckaby has not filed a supplemental brief.
¶3 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 February 2016, police officers attempted to detain Huckaby when he failed to follow directions while being issued a citation for driving with a suspended license; Huckaby struggled with the officers before being handcuffed, at one point biting an officer's finger, breaking the skin. See A.R.S. §§ 13-1203(A)(1), 13-1204(A)(8)(a), 13-2508(A)(1). The terms of his probation are authorized by statute and were imposed in a lawful manner. See A.R.S. §§ 13-901(A), (B); 13-902(A)(3), (4); 13-1204(E), 13-2508(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) (stating Anders requires court to search record for fundamental error). Accordingly, we affirm Huckaby's conviction and the imposition of probation.