State v. Chief
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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 DIVISION ONE FILED: 06/07/2011 RUTH A. WILLINGHAM, CLERK BY: DLL ) 1 CA-CR 09-0930 ) ) DEPARTMENT A Appellee, ) ) MEMORANDUM DECISION v. ) (Not for Publication ) Rule 111, Rules of the ) Arizona Supreme Court) JARED RYAN CHIEF, ) ) Appellant. ) _____________________________ ) STATE OF ARIZONA, Appeal from the Superior Court of Maricopa County Cause No. CR2008-005934-001 DT The Honorable Lisa Ann Vandenberg, Commissioner AFFIRMED Thomas C. Horne, Attorney General By Kent E. Cattani, Chief Counsel, Criminal Appeals and Capital Litigation Section Attorneys for Appellee Phoenix James J. Haas, Maricopa County Public Defender By Edith M. Lucero, Deputy Public Defender Attorney for Appellant Phoenix 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 Jared Ryan Chief (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 conduct an Anders review of the record. afforded an opportunity to file a that this court Defendant has been supplemental brief in propria persona, and he has not done so. For the following reasons, we affirm. ¶2 In September 2007, Phoenix City Police spotted defendant s vehicle blocking the westbound traffic lane Roosevelt Street at the intersection of 35th Avenue. on The police watched defendant enter the vehicle and sit in the driver s seat with the vehicle s engine running. Defendant showed several signs of intoxication and admitted he had been drinking. police The police transported defendant to the Maryvale station for a blood draw. Defendant s blood draw revealed an alcohol concentration level of .255. ¶3 Defendant was charged with two counts of aggravated driving or actual physical control while under the influence of intoxicating liquor or drugs, a class 4 felony. convicted defendant of both counts. A jury The trial court sentenced defendant to four months in prison for each count, to be served concurrently, followed by three years of probation. The court gave defendant credit 2 for thirty-two days 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. See Leon, Defendant asked counsel to raise five issues on direct appeal: 1) that the police did not make themselves known to him, 2) that the key was no in the ignition, but rather, in the glove box, 3) that the driver s door was open with his foot sticking out, 4) that he did not intend to drive, and 5) that he feels innocent. We find no reversible error pertaining to these claims or otherwise. All of the the proceedings were conducted in Arizona Rules of Criminal Procedure. compliance with 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. 140 Ariz. 582, 584-85, Pursuant to State v. Shattuck, 684 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 pro se motion for reconsideration or petition for review. 3 ¶5 We affirm the convictions and sentences. /s/ _________________________________ JON W. THOMPSON, Judge CONCURRING: /s/ ___________________________________ PHILIP HALL, Presiding Judge /s/ ___________________________________ LAWRENCE F. WINTHROP, Judge 4
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