Court of Appeals of Arizona, First Division, Department D
Appeal from the Superior Court in Yavapai County Cause No. V1300CR201180579 The Honorable Michael R. Bluff, Judge
Thomas C. Horne, Attorney General, Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section And Aaron J. Moskowitz, Assistant Attorney General Attorneys for Appellee
David Goldberg, Attorney for Appellant
PATRICIA A. OROZCO, Judge
¶1 Allan Dean Doty, Jr. (Defendant) appeals his convictions and sentences for one count of possession of a dangerous drug (methamphetamine) and two counts of possession of drug paraphernalia. He argues the trial court erred in allowing the State to introduce evidence of his prior drug conviction pursuant to Arizona Revised Statutes (A.R.S.) section 13-3415 (2010). Defendant also contends the court erred in denying his motion for mistrial. For the reasons stated below, we affirm.
¶2 On December 11, 2011, while on patrol, Officer Scott of the Cottonwood Police Department entered a convenience store parking lot and noticed Defendant standing over a woman who was crouched down and crying. Officer Scott approached the couple. While talking with Officer Scott, Defendant made repeated, urgent, yet unsuccessful, requests to use the restroom in the convenience store. Defendant was subsequently taken into custody after Officer Scott determined that Defendant had an outstanding warrant. During a search incident to arrest, Officer Scott found a small baggie containing .15 grams of methamphetamine and part of a hypodermic needle and syringe with an orange cap in Defendant's pocket. After the arrest, Defendant stated he no longer needed to use the restroom.
¶3 The State charged Defendant with one count of possession of a dangerous drug (methamphetamine), a class four felony, and based on the baggie and the piece of hypodermic needle and syringe, two counts of possession of drug paraphernalia, class six felonies. In a pretrial ruling, the court permitted the State to introduce evidence of Defendant's 2004 felony conviction for possession of equipment or chemicals for the manufacture of dangerous drugs (2004 Drug Conviction). Accordingly, a copy of the sentencing minute entry for the 2004 Drug Conviction was admitted into evidence at trial. ¶4 The jury returned guilty verdicts on all three counts, and the court sentenced Defendant to concurrent minimum prison terms. Defendant timely appealed. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution and A.R.S. §§ 12-120.21.A.1 (2003), 13-4031 (2010) and -4033.A.1 (2010).
I. Evidence of Prior Felony Conviction
¶5 Before trial, the State requested a hearing to determine the admissibility of Defendant's six prior felony convictions for impeachment purposes in the event Defendant testified. See Ariz. R. Evid. 609 (setting forth applicable rules for attacking a witness's credibility with evidence of a prior conviction). The State also noted that, pursuant to A.R.S. § 13-3415.E.2, the nature of the 2004 Drug Conviction was directly admissible in the State's case in chief.
¶6 Section 13-3415.E states that "[i]n determining whether an object is drug paraphernalia, a court or other authority shall consider [fourteen factors], in addition to all other logically relevant factors." The second enumerated factor is "[p]rior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug." A.R.S. § 13-3415.E.2.
¶7 Defendant objected, arguing "[i]t is the fact of a felony conviction that might be [probative], not the type of crime." After conducting the hearing, the court found that the 2004 Drug Conviction was "consistent with A.R.S. Section 13-3415 and [would] be allowed in the State's case in chief."
¶8 Defendant argues the court erred in finding the unsanitized 2004 Drug Conviction was admissible under § 13-3415. He asserts this error "led the jury to impermissibly conclude that [Defendant] was guilty now because he was ...