State v. Smith

OPINION

JACOBSON, Presiding Judge.

This appeal requires us to address whether we have subject matter jurisdiction to review a conviction for fundamental error when a defendant files a notice of appeal only from the sentence imposed and defense counsel files an opening brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We conclude that we have jurisdiction to examine the entire record for fundamental error upon a timely appeal pursuant to A.R.S. § 13-4033. However, as a matter of judicial policy, we will limit the scope of that review to the sentencing…