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State v. Macias

Court of Appeals of Arizona, First Division

December 19, 2013

STATE OF ARIZONA, Appellee,
v.
BRITNEY RE AN MACIAS, Appellant.

Not for Publication – Rule 111(c), Rules of the Arizona Supreme Court.

Appeal from the Superior Court in Maricopa County No. CR2012-114972-001 The Honorable Jerry Bernstein, Judge Pro Tem.

COUNSEL

Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee.

Maricopa County Public Defender's Office, Phoenix By Paul J. Prato Counsel for Appellant.

Judge Randall M. Howe, presiding, delivered the decision of the Court, in which Judge Samuel A. Thumma and Judge Patricia A. Orozco joined.

MEMORANDUM DECISION

HOWE, Judge.

¶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 Britney Rean Macias asks this Court to search the record for fundamental error. Macias was given an opportunity to file a supplemental brief in propria persona. She has not done so. After reviewing the record, we affirm Macias' convictions and sentences for (1) aggravating driving while under the influence of intoxicating liquor and for (2) aggravating driving while under the influence of intoxicating liquor with a blood alcohol concentration (BAC) above 0.08 percent.

FACTS & PROCEDURAL HISTORY

¶2 On March 17, 2012, at approximately 1:00 a.m., Macias backed her vehicle into another vehicle in the Westgate City Center (WCC) parking lot. After WCC security called police, Glendale Police Officer P.C., who was nearby on routine patrol, arrived at the scene.

¶3 Officer P.C. noted a strong odor of alcohol emanating from Macias' breath. He also observed that Macias' speech was slurred, and that her eyes were watery and bloodshot. When Officer P.C. asked Macias what had happened, she responded that she was "fine." The officer repeated his question, and Macias gave the same response.

¶4 Officer P.C. administered the horizontal gaze nystagmus (HGN) test on Macias and noted six of six cues of impairment. The officer asked Macias how much alcohol she had consumed that evening, and she admitted to having "a couple of shots." Upon administering additional field sobriety tests, Officer P.C. observed seven out of eight cues of impairment on the walk-and-turn test and four out of four cues of impairment on the one-leg-stand test.

¶5 Macias was arrested and driven to the police substation, where Officer P.C. administered a breath intoxilyzer test. The first breath test revealed that Macias had a BAC concentration of 0.193 percent; the second breath test revealed a BAC of 0.192 percent. Officer P.C. also drew Macias' blood, which later revealed that her blood contained 0.218 percent ethyl alcohol.

¶6 After advising Macias of her Miranda[1]rights, Officer P.C. asked Macias what she had to drink. Macias admitted to having consumed "about three" drinks of "Jack." When asked to rate her intoxication level on a scale of zero to ten, Macias stated that she was "either a four or a five." Finally, a records check revealed that Macias' driving ...


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