Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Maricopa County No. CR2010-165015-001 The Honorable Sherry K. Stephens, Judge
Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee
Maricopa County Public Defender's Office, Phoenix By Tennie B. Martin Counsel for Appellant
Judge Randall M. Howe delivered the decision of the Court, in which Presiding Judge Peter B. Swann and Judge Lawrence F. Winthrop joined.
¶1 This appeal is filed in accordance with Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Alfred Henry Hall asks this court to search the record for fundamental error. Hall was given an opportunity to file a supplemental brief in propria persona. He has not done so. After reviewing the record, we affirm Hall's convictions and sentences for possession of dangerous drugs and possession of drug paraphernalia.
FACTS & PROCEDURAL HISTORY
¶2 We view the facts in the light most favorable to sustaining the trial court's judgment and resolve all reasonable inferences against Hall. State v. Fontes, 195 Ariz. 229, 230 ¶ 2, 986 P.2d 897, 898 (App. 1998).
¶3 On December 11, 2010, Maricopa County Sherriff's Office (MCSO) Deputy J.C. was on routine patrol when he observed Hall cause the driver of another vehicle to slam on the brakes to avoid collision. Deputy J.C. followed Hall and noted additional traffic infractions, including failure to use a turn signal and erratic braking. Upon initiating a traffic stop, Deputy J.C. observed that Hall appeared "very nervous, more nervous than a normal person would on [a] traffic stop." The deputy also noted that Hall failed to interact with him, and that he was "looking down at the car, looking away from me." Hall gave the deputy his driver's license and vehicle registration, which revealed that the vehicle was registered to Hall.
¶4 Suspecting the vehicle contained contraband, Deputy J.C. asked Hall to get out of the vehicle. Initially hesitant, Hall eventually did so. Deputy J.C. then asked if the vehicle contained any contraband, and Hall said "No." When the deputy asked if he could search the vehicle, Hall replied, "No. I'm not the registered owner of the vehicle. It doesn't belong to me." When asked why the vehicle was registered to him, Hall responded that the vehicle belonged to his mom and that he only drives it occasionally. Throughout the investigation, Deputy J.C. observed that Hall appeared "[v]ery nervous, very antsy, just kind of not direct, looking around, not wanting to make eye contact."
¶5 Deputy J.C. contacted dispatch to bring a narcotics K-9 unit. When the K-9 alerted to two different areas of the vehicle, Hall was arrested and advised of his Mirandarights. The deputy searched the vehicle and found a baggie containing methamphetamine and marijuana. When Hall was asked if he knew what was discovered in his vehicle, he said that he saw a "roach" and what he "believed was marijuana." Hall also stated that there was "probably meth" in the vehicle.
¶6 Hall was charged by information with possession of dangerous drugs, a class four felony; and possession of drug paraphernalia and possession of marijuana, class six felonies. Although Hall appeared for his arraignment and initial pretrial conference, he failed to appear for the comprehensive pretrial conference. Finding that Hall was aware of the trial date, the court tried Hall in absentia. At the close of the evidence, the trial court properly instructed the jury on the elements of the offense. The jury convicted Hall of possession of dangerous drugs, a class 4 felony, and possession of drug paraphernalia, a class 6 felony.
¶7 The trial court conducted the sentencing hearing in compliance with Hall's constitutional rights and Rule 26 of the Arizona Rules of Criminal Procedure. The trial court sentenced Hall to 8 years imprisonment for possession of dangerous drugs and gave credit for 77 days of presentence incarceration. The trial court also ordered that Hall be placed on 3 years of supervised probation for ...