State v. Martinez-Romero
1 CA-CR 16-0441
| Ariz. Ct. App. | Apr 4, 2017Background
- Appellant Luis Martinez-Romero was indicted on 21 felony counts involving two minor victims: multiple counts of sexual abuse, sexual conduct with a minor, attempted sexual conduct with a minor, and child molestation; several counts were alleged as dangerous crimes against children.
- Victim 1 (born 1996) alleged repeated abuse beginning around age 8 and continuing through age 15; DNA from swabs could not exclude Appellant as a contributor. Victim 2 (born 1997) reported three inappropriate touches at ages 13–14. Appellant confessed during a police interview and wrote apology letters.
- A jury convicted Appellant on 20 of 21 counts (acquitted on one child-molestation count). Eleven convictions were dangerous-crimes-against-children findings.
- The trial court imposed two consecutive life terms (Counts 2 and 5) plus additional consecutive and concurrent terms totaling 122 years, to run consecutive to the life terms.
- Appellant’s appellate counsel filed an Anders/Robbins brief asserting no non-frivolous issues and asked the court to review the record for fundamental error; Appellant was permitted to file a pro se supplemental brief but did not.
- The court affirmed convictions and sentences, and corrected the sentencing minute entry to show Counts 9 and 10 were sentenced as repetitive offenses.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (Martinez-Romero) | Held |
|---|---|---|---|
| Whether any non-frivolous appellate issues exist warranting reversal | No reversible error; evidence sufficient; trial fair | Counsel filed Anders brief claiming no non-frivolous issues; Appellant submitted no pro se brief | Court found no reversible error and affirmed convictions and sentences |
| Sufficiency of evidence to support convictions | Evidence (victim testimony, DNA, confession) supports verdicts | Insufficient evidence argument reviewed via Anders procedure | Court held evidence was substantial and supports the verdicts |
| Procedural/fair-trial claims (jury, instructions, counsel, sentencing process) | Proceedings complied with constitutional and procedural requirements | Alleged errors (if any) were frivolous per Anders brief | Court found procedures, jury composition, instructions, juror polling, counsel performance, and sentencing process proper |
| Sentencing minute entry accuracy (Counts 9 & 10 repetitive) | Sentences reflected repetitive offender treatment for Counts 9 & 10 | Sentencing minute entry erroneously listed those counts as non-repetitive | Court corrected the minute entry to reflect Counts 9 & 10 are repetitive offenses |
Key Cases Cited
- Robbins v. California, 528 U.S. 259 (Anders/robust-review framework for appointed counsel asserting no nonfrivolous issues)
- Anders v. California, 386 U.S. 738 (procedure when appellate counsel seeks to withdraw asserting no meritorious issues)
- State v. Leon, 104 Ariz. 297 (appellate review under Anders/Leon procedures)
- State v. Clark, 196 Ariz. 530 (standard for independent review for fundamental error)
- State v. Shattuck, 140 Ariz. 582 (counsel’s post-appeal obligations and notice to defendant of options)
- State v. Vandever, 211 Ariz. 206 (appellate court authority to correct clerical/sentencing minute-entry errors)
