IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
STATE OF ARIZONA,
Appellee,
v.
MICHAEL RYAN WILLIS,
Appellant.
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1 CA-CR 07-0270
DEPARTMENT C
OPINION
FILED 3-11-08
Appeal from the Superior Court in Maricopa County
Cause No. CR2006-115315-001 SE
The Honorable David K. Udall, Judge
AFFIRMED
Terry Goddard, Arizona Attorney General
By Randall M. Howe, Chief Counsel, Criminal Appeals
Section
Bruce Peterson, Acting Legal Advocate
By Susan L. Corey, Deputy Legal Advocate
Phoenix
Phoenix
_______________________________________________________________
K E S S L E R, Judge
¶1
Michael Ryan Willis (“Willis”) filed an Anders appeal
from his conviction of criminal trespass in the first degree, a
class one misdemeanor. See Anders v. California, 386 U.S. 738
(1967); State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969).
Willis’ attorney did not identify any issues on appeal. We
provided Willis the opportunity to file a pro per supplemental
brief, but he did not exercise that opportunity. While our
review of the record does not reveal any arguable issue of
fundamental error, we have found an issue of first impression —
whether Willis is entitled to a jury trial for the charge of
misdemeanor trespass.1 We hold that he was not, that there was
no fundamental error, and we affirm his conviction and sentence.
FACTUAL AND PROCEDURAL HISTORY
¶2
The State initially charged Willis with first degree
trespass as a class six felony, but redesignated the crime as a
class one misdemeanor. At a bench trial, four witnesses
testified, including the defendant.
¶3
In July 2004 Willis chose to visit his half-brothers at
their residence, where they live with their mother (“Mother”),
and attempted to restore a broken relationship with them.2
Willis had frequently attempted to contact his half-brothers by
telephone and through the mail, but no member of the household
responded to his efforts. Willis ha