STATE OF ARIZONA v. ERIKA IRENE OZUNA
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FILED BY CLERK NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND M AY 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. MAY 22 2009 COURT OF APPEALS DIVISION TWO IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION TWO THE STATE OF ARIZONA, Appellee, v. ERIKA IRENE OZUNA, Appellant. ) ) ) ) ) ) ) ) ) ) 2 CA-CR 2008-0324 DEPARTMENT A MEMORANDUM DECISION Not for Publication Rule 111, Rules of the Supreme Court APPEAL FROM THE SUPERIOR COURT OF PIMA COUNTY Cause No. CR-20080554 Honorable John S. Leonardo, Judge AFFIRMED Robert J. Hirsh, Pima County Public Defender By Michael J. Miller Tucson Attorneys for Appellant E S P I N O S A, Judge. ¶1 Appellant Erika Ozuna was convicted of four counts of aggravated driving under the influence of an intoxicant (DUI) after an eight-person jury found her guilty of driving while impaired and with an alcohol concentration of .08 or more, both while her driver s license was suspended or revoked and after she had been previously convicted of two DUI offenses within the past eighty-four months. The trial court suspended imposition of sentence and placed Ozuna on five years probation, conditioned upon her first serving concurrent, six-month terms of imprisonment. ¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), avowing he has reviewed the entire record and found no arguable issue to raise on appeal. In compliance with Clark, counsel has provided a detailed factual and procedural history of the case with citations to the record, [so] this court can satisfy itself that counsel has in fact thoroughly reviewed the record. 196 Ariz. 530, ¶ 32, 2 P.3d at 97. Ozuna has not filed a supplemental brief. ¶3 Pursuant to our obligation under Anders, we have reviewed the record in its entirety and are satisfied it supports counsel s recitation of the facts. Viewed in the light most favorable to upholding the jury s verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), the evidence established that in June 2007, a Marana police officer had stopped Ozuna for speeding and an improper left turn when he observed her exhibit several cues of intoxication and arrested her for DUI. A blood test administered within two hours of the stop established Ozuna had an alcohol concentration of .26. Certified court records and certified records of the Arizona Department of Transportation Motor Vehicle Division (MVD) were admitted without objection and, along with the testimony of the MVD s custodian of records, established Ozuna had previously been convicted of DUI 2 offenses committed in November and December 2004 and was driving with a suspended license when she was arrested in June 2007. Substantial evidence supported findings of all the elements necessary for ¶4 Ozuna s convictions, see A.R.S. §§ 28-1381(A)(1), (2); 28-1383(A)(1), (2), and the terms and conditions of probation ordered by the trial court are within the contemplation of A.R.S. §§ 13-902(B)(2) and 28-1383(D)(2).1 Moreover, in our examination of the record pursuant to Anders, we have found no reversible error and no arguable issue warranting further appellate review. Anders, 386 U.S. at 744. We therefore affirm Ozuna s convictions and probationary term imposed. _______________________________________ PHILIP G. ESPINOSA, Judge CONCURRING: ____________________________________ JOHN PELANDER, Chief Judge ____________________________________ JOSEPH W. HOWARD, Presiding Judge 1 These provisions have not changed materially since the date of Ozuna s offense. See 2007 Ariz. Sess. Laws, ch. 159, § 1 (§ 28-1383(D)(2)); 2007 Ariz. Sess. Laws, ch. 290, § 4 (§ 13-902(B)(2)). 3
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