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UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL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.

SANTY VALENTE EZESARTE, Appellant.

No. 1 CA-CR 17-0021

Appeal from the Superior Court in Maricopa County

No. CR2015-153469-001

The Honorable Mark H. Brain, Judge

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Joseph T. Maziarz

Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix

By Kevin D. Heade

Counsel for Appellant

FILED 4-24-2018
STATE v. EZESARTE

Decision of the Court

2

MEMORANDUM DECISION

Judge Kent E. Cattani delivered the decision of the Court, in which 

Presiding Judge James P. Beene and Judge Randall M. Howe joined.

C A T T A N I, Judge:

¶1 Santy Valente Ezesarte appeals his conviction of attempted 

robbery and the resulting sentence. Ezesarte’s counsel filed a brief in 

accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 

104 Ariz. 297 (1969), certifying that, after a diligent search of the record, she

found no arguable question of law that was not frivolous. Ezesarte was 

given the opportunity to file a supplemental brief but did not do so. 

Counsel asks this court to search the record for reversible error. See State v. 

Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999). After reviewing the record, we

affirm Ezesarte’s conviction and sentence.

FACTS AND PROCEDURAL BACKGROUND

¶2 The victim was sitting at a picnic table outside a fast-food 

restaurant one day in late November 2015. Ezesarte walked up and, after 

grabbing the victim’s cigarettes and lighter from the table, grabbed the 

victim’s satchel from the bench next to him and began to walk away. The 

victim grabbed the strap of the bag to stop Ezesarte, and in response 

Ezesarte turned and hit the victim. Ezesarte hit and kicked the victim 

several more times before someone nearby restrained him.

¶3 Ezesarte was arrested and charged with one count of robbery. 

A jury convicted him of the lesser-included offense of attempted robbery, 

see Ariz. R. Crim. P. 21.4(a)(2), and found one aggravating circumstance. 

The superior court found that Ezesarte had three historical prior felony 

convictions and sentenced him as a category three repetitive offender to an 

aggravated term of six years’ imprisonment, with credit for 388 days of 

presentence incarceration. Ezesarte appealed, and although his initial 

appeal was untimely, the superior court later granted his request for leave 

to file a delayed appeal, and he timely filed a renewed notice of appeal. 
STATE v. EZESARTE

Decision of the Court

3

DISCUSSION

¶4 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.

¶5 Ezesarte was present and represented by counsel at all stages 

of the proceedings against him. The record reflects that the superior court 

afforded Ezesarte 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 was sufficient to support the jury’s 

verdict. Ezesarte’s sentence falls within the range prescribed by law, with 

proper credit given for presentence incarceration.

CONCLUSION

¶6 Ezesarte’s conviction and sentence are affirmed. After the 

filing of this decision, defense counsel’s obligations pertaining to Ezesarte’s 

representation in this appeal will end after informing Ezesarte of the 

outcome of this appeal and his future options, unless counsel’s review 

reveals 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, Ezesarte has 30 days from the date of this decision 

to proceed, if he desires, with a pro se motion for reconsideration or petition 

for review.