Court of Appeals of Arizona, Second Division, Department A
October 31, 2013
THE STATE OF ARIZONA, Appellee,
JOHN DAVID KARTEN, Appellant.
Not for Publication Rule 111, Rules of the Supreme Court
APPEAL FROM THE SUPERIOR COURT OF COCHISE COUNTY Cause No. CR201200163 Honorable Wallace R. Hoggatt, Judge
Thorn Law Office, David W. Thorn, Attorney for Appellant
JOSEPH W. HOWARD, Chief Judge
¶1 Appellant John Karten was convicted after a jury trial of transportation of marijuana for sale, and the trial court sentenced him to a presumptive, five-year prison term. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting he has reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, he has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for error. Although he was given an opportunity to do so, Karten did not file a supplemental brief
¶2 Viewing the evidence in the light most favorable to sustaining the verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), we find sufficient evidence to support the jury's findings. See A.R.S. § 13-3405(A)(4), (B)(11). During a traffic stop, law enforcement officers found over 500 pounds of marijuana hidden in the cargo of a flatbed truck driven by Karten. The truck had decals and markings indicating it was owned and operated by a lumber company. Although Karten told an officer he was employed there, the company neither owned the truck nor employed Karten. Karten's sentence was imposed properly and did not exceed the legal statutory limit. See A.R.S. §§ 13-702(D), 13-3405(B)(11).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Karten's conviction and sentence are affirmed.
CONCURRING: GARYE L. VÁSQUEZ, Presiding Judge J. WILLIAM BRAMMER, JR., Judge [*]