Court of Appeals of Arizona, First Division, Division One
Not for Publication See Ariz. R. Sup. Ct. 111(c); Ariz. R. Crim. P. 31.24
Appeal from the Superior Court in Maricopa County No. CR2012-103602-001 The Honorable Carolyn K. Passamonte, Judge Pro Tempore
Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee
Maricopa County Legal Defender's Office, Phoenix By Cynthia D. Beck Counsel for Appellant
Judge Donn Kessler delivered the decision of the Court, in which Presiding Judge Andrew W. Gould and Judge Patricia A. Orozco joined.
¶ 1Defendant-Appellant Robert Sigler ("Sigler") was tried and convicted of possession of a dangerous drug, a class 4 felony, and sentenced to eight years' imprisonment. Counsel for Sigler filed a brief in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999). Finding no arguable issues to raise, counsel requests that this Court search the record for fundamental error. Sigler was given the opporitunity to but did not file a pro per supplemental brief. For the reasons that follow, we affirm Sigler's conviction and sentence.
FACTUAL AND PROCEDURAL HISTORY
¶2 City of Phoenix Police Officer N.P. stopped and arrested Sigler, who had been riding a bicycle when Officer N.P. pulled up behind him. While conducting a search incident to arrest, Officer N.P. found a pouch of tobacco in Sigler's front left pants pocket. Inside the pouch, Officer N.P. saw a clear baggie that had alien heads on it. Based on his previous training and experience, Officer N.P. concluded that the substance inside the baggie was methamphetamine.
¶3 Officer N.P. removed the baggie from the pouch of tobacco and placed the baggie into a small evidence bag. He then secured the evidence bag on his clipboard in the front seat of his police vehicle. As Officer N.P. approached Sigler to complete the search, Sigler stated, "I can't go to prison or jail for that shit."
¶4 Officer N.P. finished searching Sigler and read him his Miranda rights. Sigler confirmed that he understood his Miranda rights and continued to speak to Officer N.P. Sigler told Officer N.P. that he purchased the drugs from "Jay Jay" for ten dollars and that he used "meth so much that it no longer gets him high."
¶5 After the interview, Officer N.P. drove his patrol vehicle to a nearby Walmart parking lot and waited for Officer D.R., a controlled substance officer. When Officer D.R. arrived, he took possession of the methamphetamine and field tested it. After giving the methamphetamine to Officer D.R., Officer N.P. took Sigler to jail for booking. Phoenix Police Department forensic scientist F.S. tested the substance contained in the baggie and determined that it was 160 milligrams of methamphetamine, a dangerous drug.
¶6 Sigler was charged with possession of a dangerous drug and pled not guilty. An eight-person jury convicted Sigler of possession of a dangerous drug. The superior court sentenced him to a mitigated, but enhanced, eight-year prison term after noting at least two prior felony convictions and weighing other mitigating ...