NOTICE:
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24
IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE STATE OF ARIZONA, Appellee, v. KALANI REIANNE NELSON, Appellant. ) ) ) ) ) ) ) ) ) ) ) ) No. 1 CA-CR 08-0923
DIVISION ONE FILED: 03-18-2010 PHILIP G. URRY,CLERK BY: DN
DEPARTMENT C MEMORANDUM DECISION (Not for Publication – Rule 111, Rules of the Arizona Supreme Court)
Appeal from the Superior Court in Mohave County Cause No. CR-2008-0079 The Honorable Steven F. Conn, Judge AFFIRMED
Terry Goddard, Arizona Attorney General By Kent E. Cattani, Chief Counsel Criminal Appeals/Capital Litigation Section Attorneys for Appellee Jill L. Evans, Mohave County Appellate Defender By Jill L. Evans Attorney for Appellant
Phoenix
Kingman
B R O W N, Judge ¶1 Kalani Reianne Nelson (“Nelson”) appeals from her
convictions and sentences for possession of drug paraphernalia,
possession (cocaine).
of
marijuana,
and
possession
of
narcotic
drugs
Nelson’s counsel filed a brief in accordance with
Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Finding no arguable issues
to raise, counsel requests that this court search the record for fundamental error. Nelson was afforded the opportunity to file
a supplemental brief in propria persona, but has not done so. ¶2 Our obligation in this appeal is to review the entire State v. Clark, 196 Ariz. 530, We view the facts in the
record for reversible error.
537, ¶ 30, 2 P.3d 89, 96 (App. 1999).
light most favorable to sustaining the conviction and resolve all reasonable inferences against Nelson. See State v. Guerra, Finding no
161 Ariz. 289, 293, 778 P.2d 1185, 1189 (1989). reversible error, we affirm. ¶3
Nelson was charged by indictment with one count of
possession of drug paraphernalia, a class 6 felony, in violation of Arizona Revised Statutes (“A.R.S.”) section 13-3415 (2001), 1 one count of of possession A.R.S. § of marijuana, (Supp. a class 6 one felony, count in of
violation
13-3405
2009),
possession of narcotic drugs, a class 4 felony, in violation of A.R.S. § 13-3408 drugs for (Supp. sale, 2009), a one 2 count felony, of in possession violation of of
narcotic
class
1
We cite the current version of the applicable statutes if no revisions material to this decision have since occurred. 2
A.R.S. § 13-3408, and one count of possession of marijuana for sale, a class 4 felony, in violation of A.R.S. § 13-3405. 2 following evidence was presented at trial. ¶4 Acting the on Lake information Havasu obtained Police from a confidential conducted The
informant, 3
City
Department
surveillance on a home in Lake Havasu City.
After approximately
two months of surveillance, they obtained a search warrant for the premises. On the day they planned to execute the warrant, She pulled The
they observed Nelson driving a white pickup truck. into the home’s driveway with two male
passengers.
occupants exited the truck for a short period of time, got back in the truck and started backing out of the driveway. Police In
stopped the vehicle and detained Nelson and the passengers.
the bed of the truck, they observed two camping-style chairs with carrying bags. plastic sack that Inside one of the chair bags was a large contained smaller packages of a white Similar
substance which was later determined to be cocaine.
packages were found throughout the house and inside the garage. Neither Nelson the or house her nor the truck was owned or to registered the to
boyfriend.
Nelson
admitted
police,
however, that she had been living in the house for about three
2
Nelson’s boyfriend was a co-defendant at the trial and was also indicted on all five charges. Prior to trial, the State filed a motion in preclude any reference to the confidential informant. 3
3
limine
to
months with her boyfriend.
She denied having any knowledge of
the drugs found in the truck or in the house. ¶5 Police officers testified that during the surveillance
period, no one other than Nelson and her boyfriend were seen entering or exiting the house. During the search of the home, In the
they found a sock containing three baggies of cocaine. same closet, they found Nelson’s birth certificate. found articles of women’s clothing strewn
They also that
throughout
bedroom. cabinets
Police also discovered a bowl in one of the kitchen that contained substances later determined to be
marijuana and cocaine, in addition to the packages of marijuana and cocaine in the garage. They also found a “Big 5” receipt
with Nelson’s name on it near the garbage cans in the garage. Nelson was employed by “Big 5” at the time of the search. ¶6 The jury found Nelson guilty of possession of drug possession of marijuana, and possession of
paraphernalia,
narcotic drugs but acquitted her on the charges of possession of narcotic drugs for sale and possession of marijuana for sale. The trial court sentenced her to three years’ probation and she filed a timely notice of appeal. ¶7 We have read and considered counsel’s brief and have See Leon, 104 All of the
reviewed the entire record for reversible error. Ariz. at 300, 451 P.2d at 881. We find none.
proceedings were conducted in accordance with the Arizona Rules
4
of Criminal Procedure. and represented by
The record shows that Nelson was present at all pertinent stages of the
counsel
proceedings, she was afforded the opportunity to speak before sentencing, the evidence was sufficient to sustain the verdict, and the sentence imposed was within statutory limits. ¶8 Upon the filing of this decision, counsel shall inform Defense
Nelson of the status of the appeal and her options.
counsel has no further obligations, unless, upon review, counsel finds an issue appropriate for submission to the Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. Nelson has thirty
582, 584-85, 684 P.2d 154, 156-57 (1984).
days from the date of this decision to proceed, if she desires, with a pro per motion for reconsideration or petition for
review. ¶9 sentences. Accordingly, we affirm Nelson’s /s/ _______________________________ MICHAEL J. BROWN, Judge CONCURRING: /s/ _______________________________ PETER B. SWANN, Presiding Judge convictions and
/s/ ______________________________ LAWRENCE F. WINTHROP, Judge
5
