STATE OF ARIZONA v. CHRISTOPHER JAMES PADILLA

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. CHRISTOPHER JAMES PADILLA, Appellant. No. 2 CA-CR 2014-0088 Filed October 8, 2014 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. NOT FOR PUBLICATION See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24. Appeal from the Superior Court in Pima County No. CR20123197001 The Honorable Richard S. Fields, Judge AFFIRMED COUNSEL Lori J. Lefferts, Pima County Public Defender By Michael J. Miller, Assistant Public Defender, Tucson Counsel for Appellant STATE v. PADILLA Decision of the Court MEMORANDUM DECISION Judge Howard authored the decision of the Court, in which Presiding Judge Kelly and Judge Vásquez concurred. H O W A R D, Judge: ¶1 After a jury trial, appellant Christopher Padilla was convicted of sale and/or transfer of a narcotic drug, possession of a narcotic drug, and possession of drug paraphernalia. Appointed counsel has filed a brief pursuant to 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 he has reviewed the entire record and has been unable to find any arguably meritorious issue to raise on appeal. Padilla has not filed a supplemental brief. ¶2 As counsel requested, we have searched the record for reversible error. The evidence established Padilla arranged for the purchase by an undercover police officer of crack cocaine, or cocaine base, and produced a pipe for smoking the drug, which, together with a small piece of crack cocaine, was subsequently found near where he had been sitting in the passenger seat of the officer s vehicle. Thus, the evidence established Padilla committed the offenses of sale and/or transportation of a narcotic drug, possession of a narcotic drug, and possession of drug paraphernalia. See A.R.S. §§ 13-3408(A)(1), (7), 13-3415(A). The trial court sentenced Padilla to a partially mitigated prison term of seven years for the sale and/or transfer conviction, and concurrent, presumptive prison terms of 4.5 and 1.75 years on the remaining charges, enhanced by an historical prior felony conviction; the sentences were lawful and imposed in a lawful manner. See A.R.S. § 13-703(B)(2), (I). ¶3 We have reviewed the record for fundamental error and have found none. We therefore affirm the convictions and sentences. 2

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