451 P.2d 878 (Ariz. 1969), 1934, State v. Leon

Docket Nº:1934.
Citation:451 P.2d 878, 104 Ariz. 297
Opinion Judge:[9] Hays
Party Name:STATE of Arizona, Appellee, v. Mike Alvarado LEON, Appellant.
Attorney:[6] Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee. [7] Ronald W. Sommer, Tucson, for appellant.
Case Date:March 14, 1969
Court:Supreme Court of Arizona
 
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Page 878

451 P.2d 878 (Ariz. 1969)

104 Ariz. 297

STATE of Arizona, Appellee,

v.

Mike Alvarado LEON, Appellant.

No. 1934.

Supreme Court of Arizona.

March 14, 1969

In Banc.

Page 879

[104 Ariz. 298] Gary K. Nelson, Atty. Gen., Darrell F. Smith, Former Atty. Gen., by Carl Waag, Asst. Atty. Gen., Phoenix, for appellee.

Ronald W. Sommer, Tucson, for appellant.

HAYS, Justice.

The defendant, Mike Alvarado Leon, was tried and convicted of the crime of robbery in violation of A.R.S. § 13--641 and sentenced to serve a term in the Arizona State Prison of not less than five nor more than eight years. From this judgment and sentence he appeals.

On appeal Ronald W. Sommer was appointed by the court as attorney for the defendant. He filed a motion for permission to withdraw as counsel in which he stated that he had interviewed the appellant, conscientiously searched the record, and could find no reversible or prejudicial error in this case. In compliance with Anders v. State of California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), counsel filed a brief referring to 'anything in the record which might arguably support the appeal.' In addition, counsel presents a question as to the proper procedure to be followed when court appointed counsel has searched the record but is unable to find points upon which to predicate error.

In compliance with Anders v. State of California, supra, defendant was notified of his counsel's position and a copy of his motion and brief was furnished the defendant.

On August 10, 1968, the defendant entered a Circle K Market located in Pima County, Arizona. He purchased cigarettes and left, stating he would return to pick up a six-pack of beer.

A short time later defendant re-entered the market and said 'give me the money.' When the clerk asked that defendant repeat his request he put his hand on his hip and started drawing out and unfolding an instrument that looked like a knife. The clerk became frightened and placed some money on the counter. Defendant picked up the money and placed it in a paper sack with the beer.

As defendant walked out the door he passed a police officer. Upon being informed[104 Ariz. 299]

Page 880

of the robbery the officer returned the defendant to the market and subsequently placed him under arrest. A search incident to the arrest revealed a tire iron which had been tucked inside the defendant's trousers and concealed by his T-shirt, and a sharp-pointed folding carpenter's tool which was concealed in his hip pocket.

The tire iron was admitted in evidence over...

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