State v. Jorgensen, 1 CA-CR 16-0117

James Martin Jorgensen and the victim (his cousin) engaged in repeated confrontations after the victim made a comment that angered Jorgensen’s girlfriend; two separate fights occurred at family locations.
After the second fight, Jorgensen retrieved a knife, returned to the scene, and stabbed the victim four times; the victim later died from multiple stab wounds.
Jorgensen was arrested the next morning in his car; the knife and a blood-stained shirt with the victim’s DNA were found in the vehicle.
Jorgensen was indicted for first-degree murder; after a seven-day jury trial he was convicted of the lesser-included offense of second-degree murder.
At sentencing the court found multiple aggravating factors (including use of a deadly weapon, surprise attack, presence of a minor, infliction of serious injury beyond death, and emotional harm to family); Jorgensen admitted the emotional-harm aggravator and received an aggravated 20-year term with 631 days’ presentence credit.
Counsel filed an Anders brief; this Court conducted a full record review for fundamental error and affirmed the conviction and sentence.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Sufficiency of the evidence for second‑degree murder	State: Evidence showed Jorgensen grabbed a knife, returned, and stabbed the victim multiple times; DNA and blood corroborate guilt.	Jorgensen: (no preserved challenges; appeal is Anders) implicitly argues insufficiency or other errors not preserved.	Court: Evidence, viewed in State’s favor, supports conviction for at least intentional serious physical injury or extreme indifference — affirm.
Sentencing: presentence credit and aggravated term	State: Aggravating factors were supported; 631 days credit was awarded.	Jorgensen: challenges to counsel effectiveness raised but not proper on direct appeal; potential discrepancy in credit calculation noted.	Court: Aggravating factors support aggravated term; 631 days credit stands and any correction would require a state appeal — affirm.
Appellate review standard (Anders/fundamental error)	State: No preserved issues; court should review for fundamental error.	Jorgensen: filed a notice regarding possible conflict/ineffective assistance (not preserved) and did not file supplemental brief.	Court: Applied fundamental-error review, found no such error, and affirmed.

Anders v. California, 386 U.S. 738 (United States 1967) (procedure for appellate counsel to withdraw when no meritorious issues exist)
State v. Henderson, 210 Ariz. 561 (Ariz. 2005) (standard for fundamental error and prejudice analysis)
State v. Soto‑Fong, 187 Ariz. 186 (Ariz. App. 1996) (insufficiency of evidence reversible only when no probative facts support conviction)
State v. Carnegie, 174 Ariz. 452 (Ariz. App. 1993) (presentence incarceration credit runs from booking day)
State v. Dawson, 164 Ariz. 278 (Ariz. 1990) (court will not correct an illegally lenient sentence absent proper state appeals)
State v. Shattuck, 140 Ariz. 582 (Ariz. 1984) (appellate counsel’s duties after filing an Anders brief)