State v. Lindsey

NOTICE: NOT FOR OFFICIAL PUBLICATION.
UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL
AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE
ARIZONA COURT OF APPEALS
DIVISION ONE

STATE OF ARIZONA, Appellee,

v.

GUSTAVO ARMANDO LINDSEY, Appellant.

No. 1 CA-CR 23-0288
FILED 4-9-2024

Appeal from the Superior Court in Maricopa County
No. CR2022-131319-001
The Honorable Sam J. Myers, Judge

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix
By Alice Jones
Counsel for Appellee

Zhivago Law, Phoenix
By Kerrie M. Droban Zhivago
Counsel for Appellant
 STATE v. LINDSEY
Decision of the Court

MEMORANDUM DECISION

Presiding Judge David D. Weinzweig delivered the decision of the Court,
in which Judge Michael S. Catlett and Judge Maria Elena Cruz joined.

W E I N Z W E I G, Judge:

¶1 Gustavo Armando Lindsey appeals his conviction and
sentence for aggravated assault, a class 4 felony and domestic violence
offense. After searching the record and finding no arguable, non-frivolous
question of law, Lindsey’s counsel filed a brief in accordance with Anders v.
California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), asking
this court to search the record for fundamental error. Lindsey had the
opportunity to file a supplemental brief but did not. After reviewing the
record, we affirm Lindsey’s conviction and sentence.

FACTS AND PROCEDURAL BACKGROUND

¶2 In June 2022, Lindsey’s girlfriend (“Victim”) contacted
Glendale Police to report that Lindsey had sexually assaulted her.
Responding officers took Victim’s statement, collected her clothes and
photographed her injuries. Victim had bruises on her neck, which one
officer described as “grasping marks around her throat.” The officers also
photographed Victim’s bed, which was completely covered in blood and
other bodily fluids.

¶3 In August 2022, Lindsey was arrested and indicted on three
counts—count one for sexual assault, a class 2 felony; count two for
kidnapping, a class 2 felony; and count three for aggravated assault, a class
4 felony and domestic violence offense. At trial, a jury found him guilty of
count three (aggravated assault), but acquitted him of counts one and two.
The jury also found that Lindsey caused physical harm to Victim, which
was an aggravating factor. Lindsey was sentenced to four years supervised
probation.

¶4 Lindsey timely appealed. We have jurisdiction under Article
6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21(A)(1), 13-
4031 and -4033(A)(1).

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 STATE v. LINDSEY
Decision of the Court

DISCUSSION

¶5 We have read and considered counsel’s brief and have
reviewed the record for reversible error. See Leon, 104 Ariz. at 300. We find
none.

¶6 Lindsey was present and represented by counsel at all stages
of the proceedings against him. The record reflects that the superior court
afforded Lindsey all his constitutional and statutory rights, and that the
proceedings were conducted in accordance with the Arizona Rules of
Criminal Procedure. The court conducted appropriate pretrial hearings,
and the evidence presented at trial and summarized above was sufficient
to support the jury’s verdict. Lindsey’s sentence falls within the range
prescribed by law.

CONCLUSION

¶7 Lindsey’s conviction and sentence are affirmed. Defense
counsel’s obligations in this appeal will end once Lindsey is informed of the
outcome and his future options, unless counsel finds an issue appropriate
for submission to the Arizona Supreme Court by petition for review. See
State v. Shattuck, 140 Ariz. 582, 584–85 (1984). On the court’s own motion,
Lindsey has 30 days from the date of this decision to proceed with a pro se
motion for reconsideration or petition for review.

AMY M. WOOD • Clerk of the Court
FILED: AA

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