Phoenix, AZ - The Court of Appeals of Arizona, Division 1, Department E in Phoenix has issued an unpublished opinion in a DUI case. The case is Arizona v. Cindy Reed, and the opinion is dated July 30, 2009.
The appeal stems from the filing of an Anders Brief by attorney Eric W. Kessler of Mesa, Arizona. An Andres brief is an appeal filed by an attorney on behalf of a client after a loss at trial stating that the attorney sees no reasonable grounds for appeal, but asks that the court review the case for fundamental error at the request of the defendant.
In this type of appeal, the Court of Appeals reviews the facts of the case in the light most favorable to sustaining the verdicts.
The Court of Appeals reviewed this case and found no fundamental errors. In issuing its opinion, it essentially absolved the Defense attorney of any further responsibility.
Attorney Kent Cattani handled the appeal for the state on behalf of the Arizona Attorney General's Office. The judge at the lower court was Roland Steinle of the Maricopa County Superior Court.
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