State v. Perez, 1 CA-CR 15-0651

Perez attended a pool party, allegedly pulled down a woman’s bikini bottom and pushed her into a pool; he later went to the neighbor’s apartment to apologize and was punched twice by the neighbor.
After being struck, Perez got into his truck, brandished a handgun out the driver’s window, and fired two shots; one struck a pillar by the neighbor’s door while two children were inside the apartment.
Police recovered two shell casings near Perez’s truck and a 9mm handgun at his home; forensic testing matched the casings to that handgun.
Perez was tried and convicted by a jury of discharging a firearm at a structure, drive-by shooting, aggravated assault, and two counts of unlawful discharge of a firearm; the offenses were classified as dangerous.
The superior court sentenced Perez to concurrent, mitigated prison terms (longest 7.5 years) and initially awarded 142 days of presentence incarceration credit; Perez appealed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether there is reversible error in trial proceedings	State: trial was proper; evidence supported convictions	Perez (via Anders brief): no non-frivolous issues identified; appellate counsel asked for record review	No reversible error; convictions affirmed
Whether the record shows that Perez received all constitutional and procedural rights	State: court complied with rules and afforded rights	Perez: (no specific claim preserved) appellate review sought	Court found proceedings complied with rights and rules
Whether evidence supported jury verdicts	State: forensic and eyewitness evidence supported convictions	Perez: contested memory/denial of actions but no viable appellate claim	Evidence was sufficient to support verdicts
Whether Perez received correct presentence incarceration credit	State: court awarded 142 days	Perez: entitled to credit for total days in custody (arrest to bond release plus post-verdict detention)	Sentences modified to award 150 days of presentence incarceration credit

Anders v. California, 386 U.S. 738 (U.S. 1967) (procedural framework for appellate counsel’s withdrawal when appeals are frivolous)
State v. Leon, 104 Ariz. 297 (Ariz. 1969) (standard for counsel’s Anders-type brief in Arizona)
State v. Clark, 196 Ariz. 530 (App. 1999) (appellate court’s duty to search record for reversible error following Anders/Leon brief)
State v. Cofield, 210 Ariz. 84 (App. 2005) (failure to award full presentence incarceration credit is fundamental error)
State v. Mathieu, 165 Ariz. 20 (App. 1990) (defendant entitled to credit for all time spent in presentence custody)
State v. Shattuck, 140 Ariz. 582 (Ariz. 1984) (requirements for counsel’s post-appeal duties to inform client of options)