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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE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

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA , Appellee ,

v.
DOVERCINER RAMIREZ

- VAZQUEZ , Appellant

.

No. 1 CA

- CR 21

- 0553

Appeal from the Superior Court in Maricopa County

No. CR2018

- 126488

- 001 The Honorable Suzanne E

. Cohen , Judge

AFFIRMED

COUNSEL Arizona Attorney General’s Office , Phoenix By Alice Jones Counsel for Appellee Law Office of Stephen M. Johnson, Inc., Phoenix By Stephen M. Johnson Counsel for Appellant FILED 4-13-2023STATE v. RAMIREZ

- VASQUEZ Decision of the Court

2 MEMORANDUM DECISION Judge Angela K. Paton delivered the decision of the Court, in which Presiding Judge Maria Elena Cruz and Chief Judge Kent E. Cattani joined.

P A T O N , Judge:
¶1 Doverciner Ramirez

- Vasquez appeals his convictions for sexual abuse, molestation of a child, kidnapping, and sexual conduct with a minor

. Ramirez

- Vasquez ’s counsel has advised us that in accordance with Anders v. California , 386 U.S. 738 (1967), and State v. Leon , 104 Ariz. 297 (1969), counsel has diligently searched the record and found no arguable question of law that was not frivolous. Counsel asks this court to search the record for reversible error. See State v. Clark , 196 Ariz. 530, 537, ¶ 30 (App. 1999). Ramirez

- Vasquez declined the opportunity to file a supplemental brief pro se

. After reviewing the record, we affirm Ramirez

- Vasquez’s convictions and sentences.

FACTS AND PROCEDURAL HISTORY ¶2 In 2018 , Ramirez

- Vasquez ’s 14

- year - old biological niece told her parents that Ramirez

- Vasquez had sexually abused her a few months prior. Later that day, two of Ramirez

- Vasquez ’s biological daughters disclosed that he had also sexually abused them for a period of years when the y were around the age of 12

. ¶3 Ramirez

- Vasquez was arrested the following afternoon

. A forensic nurse examined the children and discovered that Ramirez

Vasquez ’s 12

- year - old daughter was pregnant. The child gave birth to a stillborn baby. The State presented DNA evidence that Ramirez

- Vasquez
was the baby’s father

. ¶4 The State indicted Ramirez

- Vasquez on twenty

- six counts: eight counts of sexual abuse, class three felonies and dangerous crime s against children; four counts of molestation of a child, class two felonies and dangerous crime s against children; one count of kidnapping , a class two felony and a dangerous crime against children; eleven counts of sexual conduct with a minor, class two felonies and dangerous crime s against children; one count of attempted molestatio n of a child, a class three felony and da ngerous crime against children; and one count of attempt to commitSTATE v. RAMIREZ

- VASQUEZ Decision of the Court

3 sexual conduct with a minor, a class three felony and dangerous crime against children. Before trial, the State dismissed three counts of molestati on and one count of sexual abuse. ¶5 The case was tried over seven days in August 2021. The court empaneled twelve jurors , with three alternates. One juror and one alternate were released during trial. ¶6 At the pretrial conference held on the first day of trial, Ramirez

- Vasquez requested new counsel and refused to assist his attorney. His c ourt

- appointed counsel moved to withdraw. Th e court denied the motion

. Ramirez

- Vasquez then addressed the court, cla iming that his family had hired counsel, naming an attorney. The court noted the lack of any notice of appearance by the purported new counsel and denied the motion again

. ¶7 The court then asked Ramirez

- Vasquez whether he wanted to be present for trial. He refused to answer the question, and so the court found that he wanted to be present. The court then inquired as to whether he wanted to be present in street clothes or in a Sheriff’s Department orange jumpsuit. Ramirez

- Vasquez declined to answer. Bet ween the morning and afternoon sessions of court, Ramirez

- Vasquez conducted himself in such a manner that the court found he waived his appearance , and his counsel did not object to this finding. T he court ordered Ramirez

- Vasquez to be transported to cour t each day so that he could choose to participate in his trial if he wanted to

. Ramirez

- Vasquez subsequently waived his own appearance for all or part of each day of trial through his behavior in court , interject ing in open court despite being instructed not to , and claiming illness , which the court did not find credible

. ¶8 On the seventh day of trial, the State rested and dismissed four counts of sexual conduct with a minor and two counts of sexual abuse. The court inquired whether Ramirez

- Vasquez wanted t o testify

. The court warned him that he would not be permitted to make a speech to the jury detailing his grievances, and that his counsel and the State would both have an opportunity to question him

. The court then asked whether Ramirez

Vasquez understood these procedural constraints. Rather than reply directly, Ramirez

- Vasquez asked to speak, and said he would compl y after the court heard what he said. After Ramirez

- Vasquez spoke, rais ing his motion for change of counsel again , the court deni ed the motion and asked whether he wished to testify. Ramirez

- Vasquez stated he would not testify unless his motion for new counsel was granted , and the court found that he was choosing not to testify. The defense rested.STATE v. RAMIREZ

- VASQUEZ Decision of the Court

4 ¶9 The jury found Ramirez

- Vasquez guilty on all remaining counts: five counts of sexual abuse, two counts of molestation of a child, six counts of sexual conduct with a minor, one count of kidnapping, one count of attempted molestation, and one count of attempted sexual conduct. The court sentenced him to the presumptive term on all counts:
Count Charge Statute Sentence
1 Sexual Abuse

(Minor under 15) A.R.S. § § 13

-

1404; 13

- 705 (H) 5 years

3 Kidnapping

(Minor under 15) A.R.S. §§ 13

-

1304; 13

- 705(F) 17 years

7 Sexual Abuse

(Minor under 15) A.R.S. §§ 13

-

1404; 13

- 705(H) 5 years

8 Sexual Conduct

(Minor 13 or 14 years ) A.R.S. §§ 13

-

1405; 13

- 705(E) 20 years

9 Sexual Abuse

(Minor under 15) A.R.S. §§ 13

-

1404; 13

- 705(H) 5 years

10 Attempted

Molestation of Child A.R.S. § 13

-

141 0(A); 13

- 705( M ) , (R) 10 years

11 Sexual Abuse

(Minor under 15) A.R.S. §§ 13

-

1404; 13

- 705(H) 5 years

12 Sexual Conduct

(Minor 12 years ) A.R.S. §§ 13

-

1405; 13

- 705(C) Natural Life

Imprisonment
13 Sexual Abuse

(Minor under 15) A.R.S. §§ 13

-

1404; 13

- 705(H) 5 yearsSTATE v. RAMIREZ

- VASQUEZ Decision of the Court

5 15 Sexual Conduct

(Minor 12 years ) A.R.S. §§ 13

-

1405; 13

- 705(C) Natural Life

Imprisonment
16 Sexual Conduct

(Minor 12 years ) A.R.S. §§ 13

-

1405; 13

- 705(C) Natural Life

Imprisonment
17 Sexual Conduct

(Minor 12 years ) A.R.S. §§ 13

-

1405; 13

- 705(C) Natural Life

Imprisonment
23 Sexual Conduct

(Minor younger than 12) A.R.S. §§ 13

-

1405; 13

- 705(C) Natural Life

Imprisonment

24 Molestation of a

Child A.R.S. §§ 13

-

1410; 13

- 705(F) 17 years

25 Attempted

Sexual Conduct (Minor under 12) A.R.S. §§ 13

-

1405; 13

- 705( M ) , (R) 10 years

26 Molestation of a

Child A.R.S. §§ 13

-

1410; 13

- 705(F) 17 years

¶10 The court ordered all counts to run consecutive for a total of 116 years and five natural life sentences. The court awarded him 1,284 days of pre sentence incarceration credit

. ¶11 Ramirez

- Vasquez filed a timely notice of appeal.
DISCUSSION ¶12 We have reviewed and considered counsel’s brief and searched the record for reversible error. See Clark , 196 Ariz. at , 537, ¶ 30 (providing guidelines for briefs when counsel has determined no arguable issues to appeal). We have found no reversible error

. The record contains sufficient evidence from which the jury could determine, beyond a reasonable doubt, that Ramire z - Vasquez was guilty of the aforementioned crimes. The record reflects he was represented by counsel at all stages of the proceedings and counsel was present at all critical stages. All proceedings were conducted in compliance with the Arizona Rules of C riminal Procedure and the sentence s imposed w ere within the statutory limit.STATE v. RAMIREZ

- VASQUEZ Decision of the Court

6 CONCLUSION ¶13 For these reasons , we affirm Ramirez

- Vasquez’s convictions and sentences. Upon the filing of this decision, defense counsel is directed to inform Ramirez

- Vasquez of th e status of his appeal and his future options. Defense counsel has no further obligations unless, upon review, counsel finds an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck , 140 Ariz. 582, 58 4

– 85 (1984). Ramirez

- Vasquez shall have thirty days from the date of this decision to proceed, if he desires, with a pro se motion for reconsideration or petition for review.