State v. Stephenson

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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OF APPEALS STATE OF ARIZONA DIVISION ONE ) 1 CA-CR 10-0134 ) ) DEPARTMENT A Appellee, ) ) MEMORANDUM DECISION v. ) (Not for Publication ) Rule 111, Rules of the ) Arizona Supreme Court) JACK FREDERICK STEPHENSON, ) ) Appellant. ) _____________________________ ) DIVISION ONE FILED: 12/28/2010 RUTH WILLINGHAM, ACTING CLERK BY: GH STATE OF ARIZONA, Appeal from the Superior Court of Mohave County Cause No. CR2006-0641 The Honorable Rick A. Williams, Judge AFFIRMED Terry Goddard, Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals and Capital Litigation Section Attorneys for Appellee Phoenix Jill L. Evans, Mohave County Appellate Defender Attorney for Appellant Kingman 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 878 (1969). Counsel for Jack Frederick Stephenson (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 that this court Defendant has conduct been an Anders afforded an review of the to opportunity record. file a supplemental brief in propria persona, and he has not done so. For the following reasons, we affirm. ¶2 In September defendant s 2005, residence methamphetamine, and various butane lighter fluid. Bullhead found drug City cocaine, Police 7.84 paraphernalia, searched ounces acetone, of and The police arrested defendant, and he admitted to police that he was selling methamphetamine. ¶3 Defendant was charged with one count of possession of dangerous drugs for sale, a class 2 felony, one count of possession of equipment or chemicals or both for the manufacture of dangerous drugs, a class 3 felony, possession of dangerous drugs, a class 4 felony, possession of drug paraphernalia, a class 6 felony, and possession or use of narcotic drugs, a class 4 felony.1 of all five counts. A jury convicted defendant The trial court sentenced defendant to mitigated sentences of five years in prison for count one, The state also charged defendant with three counts of child endangerment; the trial court dismissed those counts. 2 three years in prison for count two, two years in prison for count three, six months in prison for count four, and two years in prison for count five, with the sentences on counts two through five to be served concurrently to count one. court gave defendant credit for thirty-four days The of presentence incarceration. ¶4 We have read and considered counsel s brief and have searched the entire record for reversible error. 104 Ariz. at 300, 451 P.2d at 881. proceedings were conducted in Rules of Criminal Procedure. See Leon, We find none. compliance with All of the the Arizona So far as the record reveals, defendant was adequately represented by counsel at all stages of the proceedings, and the sentence imposed was within the statutory limits. 582, 584-85, 684 Pursuant to State v. Shattuck, 140 Ariz. P.2d 154, 156-57 (1984), defendant s counsel s obligations in this appeal are at an end. Defendant has thirty days from the date of this decision in which to proceed, if he desires, with a reconsideration or petition for review. 3 pro se motion for ¶5 We affirm the convictions and sentences. /s/ _________________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ DONN KESSLER, Presiding Judge /s/ ___________________________________ DANIEL A. BARKER, Judge 4

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