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State v. Aguirre-Smith

Court of Appeals of Arizona, First Division

December 19, 2013

STATE OF ARIZONA, Appellee,
v.
ANISSA LYNNE AGUIRRE-SMITH, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court.

Appeal from the Superior Court in Mohave County No. S8015CR201101263 The Honorable Derek C. Carlisle, Judge Pro Tempore

Arizona Attorney General's Office, Phoenix By Myles A. Braccio Counsel for Appellee

Mohave County Legal Advocate's Office, Kingman By Jill L. Evans Counsel for Appellant

Presiding Judge Maurice Portley delivered the decision of the Court, in which Judge John C. Gemmill and Judge Kent E. Cattani joined.

MEMORANDUM DECISION

PORTLEY, Judge

¶1 Anissa Lynne Aguirre-Smith was convicted and sentenced for possession of dangerous drugs for sale, possession of drug paraphernalia, and promoting prison contraband. She contends that the trial court erred by denying her motion to suppress evidence and also argues that there was insufficient evidence to support the convictions for possession of dangerous drugs for sale and promoting prison contraband. For reasons that follow, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 A police officer, knowing that Aguirre-Smith was wanted on a pending misdemeanor charge, stopped her while she was driving her truck and arrested her. A police dog alerted on the driver's seat of her truck, which indicated the presence of drugs, but, after a search, no drugs were found. Before transporting Aguirre-Smith to the police station booking facility, an officer warned her that she would be guilty of a felony if she brought contraband into the booking facility. She denied having anything illegal.

¶3 Based on suspicion that Aguirre-Smith had drugs hidden on or in her body, she was strip searched at the booking facility. Because they did not find any drugs on her person, the police sought and obtained a warrant for a cavity search. While transporting Aguirre-Smith to the hospital, the officer noticed that she was moving around suspiciously in the back of his patrol car. When the officer was getting her out of the patrol car at the hospital, Aguirre-Smith had her pants undone and appeared to have something in her mouth. As officers tried to force the object from her mouth, some spit from her mouth struck an officer on the side of the face. A short time later, a nurse discovered a wet baggie that contained methamphetamine inside Aguirre-Smith's bra.

¶4 Aguirre-Smith was charged with possession of dangerous drugs (methamphetamine) for sale, a class 2 felony; possession of drug paraphernalia, a class 6 felony; promoting prison contraband, a class 2 felony; and aggravated assault, a class 5 felony. Prior to trial, she moved to suppress the methamphetamine and other evidence found on her arguing that the evidence was fruit of an illegal stop and arrest. After an evidentiary hearing, the trial court denied the motion to suppress because the police had probable cause to stop and arrest her.

¶5 After listening to all the evidence, the jury acquitted Aguirre-Smith of aggravated assault, but found her guilty as charged on the other three counts. She was subsequently sentenced to concurrent mitigated prison terms, the longest being seven and one-half years. We have jurisdiction over Aguirre-Smith's appeal pursuant to Article 6, Section 9, of the Arizona Constitution, and Arizona Revised Statutes ("A.R.S.") sections 12-120.21(A)(1) (West 2013), 13-4031 and -4033(A)(1) (West 2013).

DISCUSSION

I. Denial of Motion to ...


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