State v. Parks, 040220 AZAPP2, 2 CA-CR 2019-0166

Docket Nº:2 CA-CR 2019-0166
Opinion Judge:STARING, PRESIDING JUDGE
Party Name:The State of Arizona, Appellee, v. Lewis William Parks, Appellant.
Attorney:Law Offices of Thomas Jacobs, Tucson By Thomas Jacobs Counsel for Appellant
Judge Panel:Presiding Judge Staring authored the decision of the Court, in which Chief Judge Vásquez and Judge Brearcliffe concurred.
Case Date:April 02, 2020
Court:Court of Appeals of Arizona
 
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The State of Arizona, Appellee,

v.

Lewis William Parks, Appellant.

No. 2 CA-CR 2019-0166

Court of Appeals of Arizona, Second Division

April 2, 2020

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Pima County No. CR20181903001 The Honorable Javier Chon-Lopez, Judge

Law Offices of Thomas Jacobs, Tucson By Thomas Jacobs Counsel for Appellant

Presiding Judge Staring authored the decision of the Court, in which Chief Judge Vásquez and Judge Brearcliffe concurred.

MEMORANDUM DECISION

STARING, PRESIDING JUDGE

¶1 After a jury trial, Lewis Parks was convicted of first-degree burglary, aggravated assault with a deadly weapon or dangerous instrument, kidnapping, and attempted sexual assault, all dangerous offenses. The trial court found Parks had two historical prior felony convictions and sentenced him to concurrent, enhanced prison terms, the longer of which are 16.75-year sentences. Counsel filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting he has reviewed the record but found "no issues of merit" and asking this court to review the record for fundamental error. Parks has not filed a supplemental brief.

¶2 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence at trial was sufficient to support the jury's findings of guilt. See A.R.S. §§ 13-1001, 13-1204(A)(2), 13-1304(A)(3), 13-1406(A), 13-1508(A). In April 2018, the victim awoke at approximately 1:00 a.m. to find an individual later identified as Parks in her bed. Parks threatened to "cut" or "slice" the victim with a knife if she was not quiet, and in fact, her hand was cut during the...

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