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State v. Velazquez

Court of Appeals of Arizona, First Division, Department D

August 29, 2013

STATE OF ARIZONA, Appellee,
v.
MARCOS VELAZQUEZ, Appellant.

Not for Publication -Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2011-105346-001 The Honorable Paul J. McMurdie, Judge

Thomas C. Horne, Arizona Attorney General By Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee

Michael J. Dew Phoenix Attorney for Appellant

MEMORANDUM DECISION

PATRICIA A. OROZCO, Judge

¶1 Marcos Velazquez (Defendant) appeals his convictions and sentences for theft of means of transportation, a class three felony, and armed robbery, a class two dangerous felony. Defendant's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), advising this court that after a search of the entire appellate record, he found no arguable question of law that was not frivolous. See State v. Clark, 196 Ariz. 530, 537-38, ¶¶ 30-33, 2 P.3d 89, 96-97 (App. 1999). Defendant was given the opportunity to file a supplemental brief in propria persona, but he did not do so.

¶2 Our obligation in this appeal is to review "the entire record for reversible error." Id. at 537, 30, 2 P.3d at 96. Finding no reversible error, we affirm Defendant's convictions and sentences.

FACTS AND PROCEDURAL BACKGROUND

¶3 On January 30, 2011, J.V. was outside his trailer in northeast Phoenix drinking with friends (collectively, the Victims). J.V.'s sister, L.V., had lent her truck (the Truck) to J.V. and the Truck was parked near the Victims. The door of the Truck was open, and the keys were in the ignition because the Victims were using the Truck's stereo to listen to music.

¶4 Sometime close to midnight, Defendant and another man[1] (the Gunman) approached the Victims. Defendant was holding a knife and the Gunman was waving a gun around. The weapons were displayed throughout the entire encounter with the Victims.

¶5 The Gunman ordered the Victims to lie down on the ground and surrender their money, wallets, and car keys. The Victims placed their possessions on the ground and the Gunman picked them up. At some point during the encounter, J.V.'s wife opened the door of the trailer and the Gunman pointed his gun at her and told her to go back inside or he would shoot her.

¶6 After taking the Victims' belongings, the Gunman jumped into the flatbed of the Truck as Defendant drove away. As Defendant drove the Truck away, the Gunman fired multiple shots into the air.

¶7 J.V.'s daughter called the police and reported the Truck stolen. The police located the Truck driving on the freeway and eventually pulled the Truck over. When the Truck was pulled over, Defendant was in the driver's seat, but there was no sign of the Gunman. The Gunman had exited the vehicle at some point before Defendant entered the freeway. The police searched Defendant and the Truck and found a knife in Defendant's possession that was capable of inflicting serious injury.

¶8 Defendant was arrested and transported to police headquarters. Upon arrival, Defendant was cooperative, waived his Miranda rights, confessed his involvement in the crime, and ...


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