Court of Appeals of Arizona, First Division, Department E
Not for Publication -Rule 111, Rules of the Arizona Supreme Court.
Appeal from the Superior Court in Mohave County Cause No. S8015CR201200584 The Honorable Steven F. Conn, Judge.
Thomas C. Horne, Arizona Attorney General Phoenix By Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section Barbara A. Bailey, Assistant Attorney General Attorneys for Appellee.
The Gillespie Law Firm, PC Phoenix By Craig C. Gillespie Attorneys for Appellant.
¶1 Shayne Ryan Mayers appeals his conviction for attempted transportation of marijuana for sale, arguing the superior court erred by denying his suppression motion. For the following reasons, we affirm.
FACTS AND PROCEDURAL HISTORY
¶2 Mayers was driving on Interstate 40 near Kingman during daylight hours. There were no adverse visibility conditions that would require the use of headlights. Nevertheless, Mayers had activated his headlights, and only the right headlight was illuminated.
¶3 Officer Smith, who was observing traffic from the median, noticed Mayers' inoperable left headlight. Intending to issue a repair order, he made a traffic stop. As the officer approached Mayers' vehicle, he smelled marijuana. This prompted a search of the vehicle, which revealed approximately 30 pounds of marijuana. The officer issued a repair order for the left headlight pursuant to Arizona Revised Statutes ("A.R.S.") section 28-924, and Mayers was charged with transportation of marijuana for sale (more than two pounds), a class 2 felony ("count 1"), and possession of drug paraphernalia, a class 6 felony ("count 2").
¶4 Mayers filed a motion to suppress evidence obtained as a result of the traffic stop, arguing the stop violated his Fourth Amendment rights. The trial court denied the motion after an evidentiary hearing. The parties subsequently agreed to waive a jury trial and submit the determination of guilt or innocence to the court based on stipulated evidence. The State also agreed to reduce the charge in count 1 to attempted transportation of marijuana for sale, a class 3 felony.
¶5 The court found Mayers guilty of the reduced charge and sentenced him to probation, including 30 days in jail. Mayers filed a timely notice of appeal. We have jurisdiction pursuant to A.R.S. §§ 12-120.21(A)(1), 13-4031, and -4033(A).
¶6 Mayers contends the court erred by denying his suppression motion. He argues Arizona law does not require a vehicle to have operational headlights between sunrise and sunset (absent visibility issues not present here) and that the traffic stop based on his inoperable left headlight was therefore improper.
¶7 When reviewing a trial court's ruling on a motion to suppress, we consider only the evidence proffered at the suppression hearing. State v. Blackmore, 186 Ariz. 630, 631, 925 P.2d 1347, 1348 (1996) (citation omitted) . We review that evidence in the light most favorable to upholding the ruling. State v. Hyde, 186 Ariz. 252, 265, 921 P.2d 655, 668 (1996) (citations omitted) . However, we review de novo the trial court's ultimate legal ...