State v. Lopez
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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 STATE OF ARIZONA, ) ) ) ) ) ) ) ) ) ) ) Appellee, v. SERGIO PETER LOPEZ, Appellant. DIVISION ONE FILED: 03/27/2012 RUTH A. WILLINGHAM, CLERK BY: GH 1 CA-CR 11-0253 DEPARTMENT D MEMORANDUM DECISION (Not for PublicationRule 111, Rules of the Arizona Supreme Court) Appeal from the Superior Court of Yuma County Cause No. S1400CR201000457 The Honorable Andrew W. Gould, Judge AFFIRMED Thomas C. Horne, Attorney General Phoenix By Kent E. Cattani, Chief Counsel Criminal Appeals and Capital Litigation Section Attorneys for Appellee Sharmila Roy Attorney for Appellant Laveen T H O M P S O N, Presiding 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 878 (1969). Counsel for Sergio Peter Lopez (defendant) has advised us that, after searching the entire record, she has been unable to discover any arguable questions of law and has filed a brief requesting this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propia persona, and he has not done so. ¶2 Defendant was a passenger in his girlfriend s car when police stopped the vehicle for an insurance violation. Girlfriend, as the driver and owner of the car, gave oral and written consent for police to search the vehicle. Defendant became ballistic and aggressive towards his girlfriend because he did not want police to perform the search. Two police officers had to physically detain defendant because he would not comply with police orders. Police found several baggies containing a white substance in a small metal tin, a wallet containing ledger $770 with record. and names The bags defendant s and figures, were tested social security identified positive as for card, a and drug a sales methamphetamine. Girlfriend testified that she saw defendant remove the tin from his pocket and slide it in-between the seat and the console. ¶3 Girlfriend also consented to a residence search. After police obtained a search warrant, police discovered a safe in the closet bedroom in which they found another metal tin containing methamphetamine. Police 2 also found other drug paraphernalia, including multiple packaging materials, a scale, and another ledger with defendant s handwriting. At trial, girlfriend testified that the safe belonged to defendant. ¶4 Defendant was charged with one count of possession of dangerous drugs for sale, a class 2 felony, and one count of possession of drug paraphernalia, a class 6 felony. After a jury counts. trial, defendant was found guilty on both Defendant was sentenced to mitigated terms of 7 years in prison for possession of drugs for sale and 270 days in prison for possession of drug paraphernalia, to be served concurrently. Defendant received 190 days of presentence incarceration credit. ¶5 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 sentences imposed were 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 the convictions and sentences. /s/ ________________________________ JON W. THOMPSON, Presiding Judge CONCURRING: /s/ ___________________________________ MAURICE PORTLEY, Judge /s/ ___________________________________ JOHN C. GEMMILL, Judge 4
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