State v. Coronado
1 CA-CR 16-0164
| Ariz. Ct. App. | Nov 10, 2016Background
- On May 23, 2015, during a domestic dispute in the family home, Coronado approached the victim while apparently intoxicated, produced two knives, and made threatening noises with a bicycle rim; the victim left and called police.
- Coronado refused to leave the house for over three hours and was arrested after police intervention.
- A grand jury indicted Coronado for aggravated assault (a dangerous domestic violence felony); the State alleged historical priors, that the offense occurred while he was released from confinement, and other aggravators.
- At trial the jury acquitted on aggravated assault and on the lesser-included assault charge, but convicted on the lesser-included offense of disorderly conduct (class 6 felony).
- The jury found several aggravating circumstances: possession/use of a dangerous instrument (two knives), domestic violence, and commission while on release; the trial court found four prior felony convictions.
- Coronado was sentenced to the presumptive term of 3.75 years’ imprisonment (with 272 days’ credit). Counsel filed an Anders/Robbins brief, and Coronado did not file a pro se supplemental brief. The appellate court affirmed, finding no reversible error.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of the evidence for disorderly conduct conviction | State: Evidence that Coronado displayed two knives, threatened the victim, and intimidated children supported the lesser-included disorderly conduct verdict | Coronado: Not expressly argued on appeal (counsel filed Anders brief); implied challenge to verdict sufficiency | Affirmed — evidence was substantial and supported the conviction when viewed in the light most favorable to the verdict |
| Procedural / appellate-review adequacy under Anders/Robbins | State: Appeals procedure followed; review for fundamental error appropriate | Coronado: No pro per supplemental brief filed; no preserved claim of error | Affirmed — counsel complied with Anders duties; appellate court reviewed entire record for reversible error and found none |
Key Cases Cited
- Smith v. Robbins, 528 U.S. 259 (Anders brief standards for appellate counsel) (establishes counsel’s duty when finding appeal frivolous)
- Anders v. California, 386 U.S. 738 (1967) (requirement that counsel who believes appeal frivolous must file brief identifying anything arguable and request permission to withdraw)
- State v. Leon, 104 Ariz. 297 (App. 1969) (appellate review for reversible error on whole record)
- State v. Clark, 196 Ariz. 530 (App. 1999) (procedure for appellate court to review record for fundamental error after Anders brief)
- State v. Shattuck, 140 Ariz. 582 (1984) (counsel’s post-appeal duties to inform defendant of options and potential petitions for review)
- State v. Kiper, 181 Ariz. 62 (App. 1994) (standard of viewing facts in the light most favorable to sustaining a verdict)
