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State v. Mejia

Court of Appeals of Arizona, First Division

December 5, 2013

STATE OF ARIZONA, Appellee,
v.
ADAM GEORGE MEJIA, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2011-048397-001 The Honorable Robert L. Gottsfield, Judge

Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee

The Hopkins Law Office PC, Tucson By Cedric Martin Hopkins Counsel for Appellant

Judge Jon W. Thompson delivered the decision of the Court, in which Presiding Judge Lawrence F. Winthrop and Judge Margaret H. Downie joined.

MEMORANDUM DECISION

THOMPSON, Judge

¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Adam George Mejia (defendant) has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propia persona, and he has not done so.

¶2 Defendant visited victims' residence one afternoon. During his time there, one of the victims and defendant negotiated a firearms transaction. An agreement was eventually reached and executed, whereby defendant gave his revolver and $400 cash in exchange for victim's Glock. Victim wrote out a "simple contract" describing the exchange. Defendant signed the contract, handed over the money and his revolver, received the Glock from victim, and left. The money was later determined to be counterfeit.

¶3 Defendant was charged with two counts of misconduct involving weapons, class 4 felonies, and one count of forgery for the counterfeit money, a class 4 felony. After a jury trial, defendant was convicted of both weapons misconduct charges. The jury was deadlocked as to the forgery charge. Defendant was found to have been on release on the date of the crimes, in a separate court, for possession of marijuana, a class 6 felony, and misconduct involving weapons, a class 4 felony. The parties stipulated to the fact that defendant was a prohibited possessor when the firearms were exchanged. Defendant was also found to have the following prior felony convictions: unlawful flight from a law enforcement vehicle, a class 5 felony, and aggravated driving under the influence, a class 4 felony. In this case, defendant was sentenced concurrently to an aggravated sentence of twelve years for misconduct involving the revolver, and twelve years for misconduct involving the Glock. Defendant received 671 days presentence incarceration credit. Defendant timely appealed.

¶4 We have read and considered counsel's brief and have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end.


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