STATE v. THOMPSON
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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 ) ) ) Appellee, ) ) v. ) ) ) TYRONE THOMPSON, ) ) Appellant. ) _____________________________ ) 1 CA-CR 11-0414 STATE OF ARIZONA, DIVISION ONE FILED: 07/26/2012 RUTH A. WILLINGHAM, CLERK BY: sls DEPARTMENT B MEMORANDUM DECISION (Not for Publication Rule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Maricopa County Cause No. CR2007-160622-001DT The Honorable Arthur T. Anderson, Judge AFFIRMED Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals Section Attorneys for Appellee Gaffney Law Offices By Robert Gaffney, Jr. Attorneys for Appellant Phoenix Scottsdale T H O M P S O N, Judge ¶1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d (defendant) 878 has (1969). advised us Counsel that, after for Tyrone searching Thompson the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting that this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, and he has not done so. ¶2 In the defendant was apartment late evening hours of September observed by police officers complex known for criminal narcotics trafficking and stolen vehicles. 15, 2007, pulling out of an activity, including Before the officers were able to run the license plate, defendant quickly turned the corner and pulled off the side of the road. approached the truck, defendant sped off, running a stop sign. accelerated When an officer dramatically and Officers turned on their lights and sirens and attempted to pull the truck over. Defendant drove evasively through the neighborhood and ran a red light. The officers pursuit. notified dispatch and were advised to stop the Defendant was spotted walking away from the truck by other officers in the neighborhood. Defendant had the truck keys on him as well as approximately four grams of marijuana and two grams of cocaine. Defendant cocaine were his. 2 admitted the marijuana and ¶3 Defendant was charged with one count of unlawful flight from a law enforcement vehicle, a class 5 felony, one count of possession or use of marijuana, a class 6 felony, and one count of possession or use of narcotic drugs, a class 4 felony. ¶4 A jury convicted defendant on all counts. The trial court sentenced defendant to presumptive sentences of one and a half years for unlawful flight from a law enforcement vehicle, one year for possession or use of marijuana, and two and a half years for possession or use of narcotic drugs. Pursuant to his plea agreement, each of these sentences ran concurrently with defendant s seventeen-year sentence in CR2009-122055 burglary in the first degree, a class 2 felony. 160622, defendant charge. credit for 856 days In CR2007- Defendant timely appealed. ¶5 received for as to each We have read and considered counsel s brief and have searched the entire record for reversible error. Ariz. at 300, 451 P.2d at 881. We find none. See Leon, 104 All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. 584-85, 684 P.2d Pursuant to State v. Shattuck, 140 Ariz. 582, 154, 156-57 (1984), obligations in this appeal are at an end. 3 defendant s counsel s ¶6 We affirm defendant s convictions and sentences. /s/ __________________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ PATRICIA A. OROZCO, Presiding Judge /s/ ___________________________________ LAWRENCE P. WINTHROP, Judge 4
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