STATE OF ARIZONA v. CHARLES MARTIN WILSON
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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 FILED BY CLERK DEC 19 2012 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. CHARLES MARTIN WILSON, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2012-0152 DEPARTMENT A MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR20110600001 Honorable Michael O. Miller, Judge AFFIRMED Lori J. Lefferts, Pima County Public Defender By Lisa M. Hise H O W A R D, Chief Judge. Tucson Attorneys for Appellant ¶1 After a jury trial, appellant Charles Martin Wilson was convicted of possession of a dangerous drug; possession of drug paraphernalia; and possession of a dangerous drug, methamphetamine, for sale committed while on community supervision and with two or more historical prior felony convictions. The trial court sentenced him to concurrent prison terms as follows: presumptive terms of ten and 3.75 years on the first two counts and a slightly aggravated term of 16.75 years on the third count. Counsel has filed a brief in compliance with Smith v. Robbins, 528 U.S. 259 (2000), Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), avowing she has found no arguably meritorious issue to raise and requesting that this court search the record for error. Appellant has not filed a supplemental brief. ¶2 We have reviewed the record and find no reversible error. Evidence at trial established officers found 23.2 grams of methamphetamine on the back seat of a car from which Wilson had departed. Although Wilson denied to police he had been driving the car, he admitted he had been in it earlier that day. This, and other evidence, sufficiently supported his conviction of possession of methamphetamine for sale. 3407(A)(2). A.R.S. § 13- A small baggie found in Wilson s front pocket after he was arrested contained residue of methamphetamine, although not a usable amount, which supported the remaining counts. See A.R.S. §§ 13-3407(A)(1) (possession or use of dangerous drug); 13-3415(A) (possession of drug paraphernalia); see also State v. Cheramie, 218 Ariz. 447, ¶ 21, 189 P.3d 374, 378 (2008) (whether usable quantity of drug found is neither an element of the possession offense nor necessary to sustain a conviction for it ). 2 The enhanced sentences were within the statutory limits and were imposed in a lawful manner. ¶3 The convictions and sentences are affirmed. /s/ Joseph W. Howard JOSEPH W. HOWARD, Chief Judge CONCURRING: /s/ Peter J. Eckerstrom PETER J. ECKERSTROM, Presiding Judge /s/ J. William Brammer, Jr. J. WILLIAM BRAMMER, JR., Judge* *A retired judge of the Arizona Court of Appeals authorized and assigned to sit as a judge on the Court of Appeals, Division Two, pursuant to Arizona Supreme Court Order filed August 15, 2012. 3
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