STATE OF ARIZONA v. JOSHUA ALLEN GOVERMAN (pdf)

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IN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. JOSHUA ALLEN GOVERMAN, Appellant. No. 2 CA-CR 2023-0114 Filed November 21, 2023 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 NOT FOR PUBLICATION See Ariz.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 Gila County No. S0400CR202100345 The Honorable Timothy M. Wright, Judge AFFIRMED COUNSEL Emily Danies, Tucson Counsel for Appellant STATE v. GOVERMAN Decision of the Court MEMORANDUM DECISION Judge Sklar authored the decision of the Court, in which Vice Chief Judge Staring and Judge O’Neil concurred. S K L A R, Judge: ¶1 Following a jury trial in 2023, appellant Joshua Goverman was convicted of possession of drug paraphernalia. The trial court determined Goverman had two or more historical prior felony convictions and sentenced him to a three-year prison term. ¶2 On appeal, 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 she has “reviewed the record in this case” and has found “[n]o arguable question of law” to raise. Consistent with Clark, 196 Ariz. 530, ¶ 30, counsel has provided “a detailed factual and procedural history of the case, with citations to the record,” and has asked this court to search the record for fundamental error. Goverman has not filed a supplemental brief. ¶3 Viewed in the light most favorable to affirming the jury’s verdict, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. § 13-3415. In March 2019, police received a report that two individuals, one of whom was Goverman, were using a syringe while seated in a parked vehicle. Goverman admitted to the investigating officer that he had a needle in his pocket. He had used the needle to inject himself with methamphetamine. Goverman gave the officer the needle, which tested positive for methamphetamine. The record supports the trial court’s finding that Goverman had two or more historical prior felony convictions. See A.R.S. § 13-105(22). The sentence imposed is within the statutory range. See A.R.S. §§ 13-703(C), (J), 13-3415(A). ¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Goverman’s conviction and sentence. 2

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