STATE OF ARIZONA v. DEREK JAMES BELL (pdf)

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DEREK JAMES BELL, Appellant. No. 2 CA-CR 2023-0171 Filed May 6, 2024 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.19(e). Appeal from the Superior Court in Pima County No. CR20222081001 The Honorable Richard E. Gordon, Judge AFFIRMED COUNSEL James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, Tucson Counsel for Appellant STATE v. BELL Decision of the Court MEMORANDUM DECISION Presiding Judge Eppich authored the decision of the Court, in which Chief Judge Vásquez and Judge Gard concurred. E P P I C H, Presiding Judge: ¶1 After a jury trial, appellant Derek Bell was convicted of aggravated assault causing serious physical injury, aggravated assault with a deadly weapon or dangerous instrument, armed robbery, attempted burglary, and attempted theft of means of transportation. The trial court sentenced him to a combination of consecutive and concurrent prison terms totaling thirteen years. ¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asserting he “reviewed the entire record” but “found no tenable issue to raise on appeal.” Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided a factual and procedural history of the case with citations to the record and has asked this court to search the record for reversible error. Bell has not filed a supplemental brief. ¶3 Viewed in the light most favorable to affirming the verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-1001, 13-1203, 13-1204(A)(1), (2), 13-1506, 13-1814(A), 13-1902, 13-1904(A)(1). In June 2022, Bell stabbed one victim while stealing her car. The victim required a blood transfusion and emergency rehabilitative surgery. After failing to start the first victim’s car, Bell attempted to steal another victim’s vehicle but was apprehended by the victim and a bystander. The sentences imposed are within the statutory ranges. See A.R.S. §§ 13-702(D), 13-704(A), 13-1001(C)(3), (4), 13-1204(F), 13-1506(B), 13-1814(D), 13-1904(B). ¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Bell’s convictions and sentences. 2

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