State v. Aguirre, 052820 AZAPP2, 2 CA-CR 2019-0157

Docket Nº:2 CA-CR 2019-0157
Opinion Judge:ECKERSTROM, JUDGE
Party Name:The State of Arizona, Appellee, v. Timothy Michael Aguirre, Appellant.
Attorney:James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, Tucson Counsel for Appellant
Judge Panel:Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.
Case Date:May 28, 2020
Court:Court of Appeals of Arizona
 
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The State of Arizona, Appellee,

v.

Timothy Michael Aguirre, Appellant.

No. 2 CA-CR 2019-0157

Court of Appeals of Arizona, Second Division

May 28, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Pima County No. CR20183927001 The Honorable John Hinderaker, Judge

James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, Tucson Counsel for Appellant

Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

MEMORANDUM DECISION

ECKERSTROM, JUDGE

¶1 After a jury trial, appellant Timothy Aguirre was convicted of aggravated driving with an illegal drug or its metabolite while his license was suspended and revoked. The trial court sentenced him to an enhanced, minimum prison term of eight years. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating he has reviewed the record and "has found no tenable issue to raise on appeal." Counsel has asked us to search the record for fundamental error. Aguirre has not filed a supplemental brief.

¶2 Viewed in the light most favorable to sustaining the verdict, see State v. Delgado, 232 Ariz. 182, ¶ 2 (App. 2013), the evidence was sufficient to support the jury's finding of guilt, see A.R.S. §§ 13-3401(6)(c)(xxxviii)...

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