Background
Fares Alfartousi was tried with family members after an August 2021 confrontation in a medical-office parking lot involving his adult daughter, Z.A., and her partner, M.L. According to the evidence, family members opposed Z.A.’s relationship and, after locating the couple, assaulted them and attempted to force Z.A. into an SUV.
During the incident, Alfartousi forcibly took Z.A.’s purse from M.L. The purse contained cell phones, identification and bank cards, birth certificates, and a gun. Police later recovered some property at the scene and other items through searches of addresses associated with family members. A jury acquitted Alfartousi of kidnapping-related and stalking charges but convicted him of aggravated robbery. The superior court suspended sentence and imposed three years of supervised probation.
The Court’s Holding
The Arizona Court of Appeals affirmed. Defense counsel filed an Anders brief stating that counsel found no nonfrivolous appellate issue, and Alfartousi did not file a supplemental brief despite being given the opportunity.
After independently reviewing the entire record for reversible error, the court found none. It held that substantial trial evidence supported the aggravated-robbery conviction and probation disposition, and that the record showed Alfartousi was represented by counsel, had an opportunity to speak at sentencing, received a disposition within statutory guidelines, and received proceedings consistent with applicable constitutional, statutory, and procedural requirements.
Key Takeaways
- In an Anders appeal, the court independently reviews the full record for reversible error when counsel identifies no nonfrivolous issue.
- The court found sufficient evidence to support aggravated robbery based on the forcible taking of the purse during the parking-lot attack.
- The court affirmed the conviction and three-year supervised-probation term; the memorandum decision is nonprecedential under Arizona Supreme Court Rule 111(c).
Why It Matters
The decision illustrates the limited but mandatory appellate review conducted in an Anders proceeding. Even absent an issue raised by counsel or the defendant, the appellate court reviewed the record and affirmed only after finding no reversible error.
It also underscores that an aggravated-robbery conviction may rest on a forcible taking occurring amid a broader group assault, even where the jury rejects related kidnapping and stalking allegations.