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State v. Dodd

Court of Appeals of Arizona, First Division, Department A

July 9, 2013

STATE OF ARIZONA, Appellee,
v.
JERMAINE LAMONTE DODD, Appellant.

Not for Publication – Rule 111, Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County Cause No. CR2010-102033-001 The Honorable Barbara L. Spencer, Judge

Thomas C. Horne, Arizona Attorney General, By Joseph T. Maziarz, Chief Counsel Criminal Appeals Section Attorney for Appellee

Bruce Peterson, Office of the Legal Advocate, By Frances J. Gray, Deputy Legal Advocate Attorney for Appellant

MEMORANDUM DECISION

KENT E. CATTANI, Judge

¶1 Jermaine Lamonte Dodd appeals his conviction of (1) one count of possession of narcotic drugs for sale, a Class 2 felony; (2) one count of misconduct involving weapons (possessed during commission of possession of narcotic drugs), a Class 4 felony; and (3) one count of misconduct involving weapons (prohibited possessor), a Class 4 felony, and the resulting sentences. Dodd's counsel filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), certifying that, after a diligent search of the record, he found no arguable question of law that was not frivolous. Counsel asks this court to search the record for reversible error. See State v. Clark, 196 Ariz. 530, 537, ¶ 30, 2 P.3d 89, 96 (App. 1999). Dodd was given an opportunity to file a supplemental brief and did so, arguing that (1) his trial attorney failed to file a notice of appeal and (2) he has the right to release pending appeal under Arizona Rule of Criminal Procedure 7.2. After reviewing the entire record, we affirm Dodd's convictions and sentences.

FACTS AND PROCEDURAL BACKGROUND[1]

¶2 Phoenix Police Officers Steven Land and Ryan Merrill responded to a two-car collision in Phoenix on a January evening in 2010. Officer Land assisted two individuals, Dodd (the front passenger) and a driver, out of one vehicle and had them sit on the curb to await medical attention. While both officers were assisting the occupants of the other car, Dodd ran from the scene and threw a duffle bag over a fence. The officers caught and arrested Dodd and recovered the duffle bag, which held approximately three kilograms of cocaine. The driver fled the scene while the officers were chasing Dodd.

¶3 Officers later searched the car pursuant to a search warrant. The officers found approximately two kilograms of cocaine in the back seat and three loaded firearms (an assault rifle, a shotgun, and a pistol) on the center console and the front passenger seat. Dodd was carrying four cell phones and $4, 032 in cash.

¶4 The recovered guns and drugs were later discovered to be part of a contemporaneous kidnapping and "drug rip." A person involved in the drug transaction positively identified the duffle bag and cocaine as having been sold earlier that day to two black males driving the same make of car that Dodd was riding in at the time of the traffic accident.

¶5 Although Dodd admitted to the police and testified at trial that he rode in the passenger seat of the car, he denied running from the scene or possessing any knowledge of the guns or cocaine. Dodd testified at trial and admitted three prior felony convictions (an armed robbery and two other felonies thereafter) while on the stand. Dodd also acknowledged that he knew he was a prohibited possessor.

¶6 Dodd was arrested and charged with the three counts detailed above. After an eight-day trial, a jury found Dodd guilty as charged on all three counts and, regarding the possession of narcotic drugs for sale count, found the weight of the cocaine exceeded nine grams. The court found three historical prior felony convictions. The court sentenced Dodd to concurrent, enhanced, and slightly aggravated terms of 17 years for possession of narcotic drugs for sale, 11 years for misconduct involving weapons (possessed during commission of possession of narcotic drugs), and 11 years for misconduct involving weapons (prohibited possessor), with 109 days' presentence credit.

ΒΆ7 Dodd timely appealed. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and Arizona Revised Statutes ("A.R.S.") sections ...


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