STATE OF ARIZONA v. GRECIA JEOVANA CABALLERO-GRIJALVA

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IN THEó ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. GRECIA JEOVANA CABALLERO-GRIJALVA, Appellant. No. 2 CA-CR 2021-0034 Filed August 11, 2021 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 NOT FOR PUBLICATION See Ariz.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. CR20185758001 The Honorable Scott Rash, Judge The Honorable Renee T. Bennett, Judge AFFIRMED COUNSEL Joel Feinman, Pima County Public Defender By Michael J. Miller, Assistant Public Defender, Tucson Counsel for Appellant STATE v. CABALLERO-GRIJALVA Decision of the Court MEMORANDUM DECISION Chief Judge Vásquez authored the decision of the Court, in which Presiding Judge Eppich and Judge Brearcliffe concurred. V Á S Q U E Z, Chief Judge: ¶1 After a jury trial, Grecia Caballero-Grijalva was convicted of aggravated driving under the influence of an intoxicant and aggravated driving with an alcohol concentration (AC) of .08 or more, both while driving the wrong way on a highway. The trial court suspended the imposition of sentence and placed Caballero-Grijalva on concurrent three-year terms of probation following concurrent four-month terms of incarceration. ¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), stating he “has reviewed the entire record and has been unable to find any arguably meritorious issue to raise.” Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided “a detailed factual and procedural history of the case, with citations to the record,” and has asked us to search the record for error. Caballero-Grijalva has not filed a supplemental brief. ¶3 Viewed in the light most favorable to affirming the jury’s verdicts, see State v. Miles, 211 Ariz. 475, ¶¶ 2, 23 (App. 2005), the evidence is sufficient here, see A.R.S. §§ 28-1381(A)(1)–(2), 28-1383(A)(5). Early one morning in December 2018, after leaving a Christmas party in downtown Tucson, Caballero-Grijalva was driving her car the wrong direction on the frontage road to the interstate when an officer saw her, initiated a traffic stop, and, after observing “signs and symptoms of alcohol consumption,” administered field-sobriety tests, which indicated Caballero-Grijalva was impaired. Caballero-Grijalva admitted she had been drinking, and subsequent testing showed an AC of at least .18. The terms of probation and incarceration are within the statutory ranges. See A.R.S. §§ 13-902(A)(3), 28-1383(D)(3), (O)(1). 2 STATE v. CABALLERO-GRIJALVA Decision of the Court ¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental, prejudicial error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Caballero-Grijalva’s convictions and terms of probation and incarceration. 3

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