STATE OF ARIZONA v. SERGIO RAMON CHAVEZ

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. SERGIO RAMON CHAVEZ, Appellant. No. 2 CA-CR 2018-0099 Filed October 9, 2018 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 NOT FOR PUBLICATION See Ariz.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)(1); Ariz. R. Crim. P. 31.19(e). Appeal from the Superior Court in Pima County No. CR20170842001 The Honorable Howard Fell, Judge Pro Tempore AFFIRMED COUNSEL James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, Tucson Counsel for Appellant STATE v. CHAVEZ Decision of the Court MEMORANDUM DECISION Judge Eppich authored the decision of the Court, in which Presiding Judge Vásquez and Judge Espinosa concurred. E P P I C H, Judge: ¶1 After a jury trial, Sergio Chavez was convicted of transportation of a narcotic drug for sale, illegally conducting an enterprise, and conspiracy to commit transportation of a narcotic drug for sale. The trial court sentenced him to concurrent prison terms, the longest of which are fourteen years. ¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating he has reviewed the record but found no arguably meritorious issue to raise on appeal. He asks this court to search the record for error. Chavez has not filed a supplemental brief. ¶3 Viewed in the light most favorable to sustaining the jury’s verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support the verdicts here, see A.R.S. §§ 13-1003(A), 132301(D)(4)(xi), 13-2312(B), 13-3401(20)(ttt), (21)(m), 13-3408(A)(7). In February 2017, Chavez was arrested after 543 grams of heroin— approximately 5,000 pills—were found in a sack he had dropped while fleeing a traffic stop. He admitted to officers that he had been paid $1,500 to deliver the pills and was waiting for a phone call to be told where to deliver them when the traffic stop occurred. Sufficient evidence also supports the trial court’s finding that Chavez had two historical prior convictions. The sentences imposed are within the statutory range. See A.R.S. §§ 13-703(C), (J), 13-1003(D), 13-2312(D), 13-3408(B)(7). ¶4 We have searched the record for reversible error and found none. Chavez’s convictions and sentences are therefore affirmed. 2

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