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State v. DeLeon9/9/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
Appellant Regino DeLeon, Jr., was charged with aggravated driving while under the influence of intoxicants (DUI) while his license was suspended or revoked and driving with a blood alcohol concentration of.10 or more while his license was suspended or revoked. The state alleged that he had one prior DUI conviction. A jury found appellant guilty of the charges. The trial court suspended the imposition of sentence and placed appellant on probation for five years. He was ordered to serve the mandatory four-month prison term in the Arizona Department of Corrections, followed by a jail term of 120 days, which the court found he had served after he was credited with the period of presentence incarceration. Pursuant to Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967); State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969); and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), counsel requests that we review the entire record for fundamental error. Appellant has not filed a supplemental brief.
We have reviewed the entire record as requested. The record amply supports the convictions, and we see no error in the trial, sentencing, or any other proceeding that may be characterized as fundamental. Consequently, we affirm the convictions and the sentences imposed.
PHILIP G. ESPINOSA, Chief Judge
CONCURRING:
JOHN PELANDER, Presiding Judge
PETER J. ECKERSTROM, Judge
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