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State v. Angulo-Chavez

Court of Appeals of Arizona, First Division

July 30, 2019

STATE of Arizona, Appellee,
v.
Javier ANGULO-CHAVEZ, Appellant.

Page 297

[Copyrighted Material Omitted]

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          Appeal from the Superior Court in Coconino County, No. S0300CR201700928, The Honorable Dan R. Slayton, Judge.

          Arizona Attorney General’s Office, Phoenix, By Nicholas Chapman-Hushek, Counsel for Appellee

         White Law Offices PLLC, Flagstaff, By Wendy F. White, Counsel for Appellant

         Judge James B. Morse Jr. delivered the opinion of the Court, in which Presiding Judge Jennifer B. Campbell and Judge Maria Elena Cruz joined.

          OPINION

         MORSE, Judge:

         [¶1] Javier Angulo-Chavez appeals his conviction and sentence for transportation of dangerous drugs (methamphetamine) for sale. For the following reasons, we affirm.

          FACTS AND PROCEDURAL HISTORY

         [¶2] The evidence at trial, viewed in the light most favorable to supporting the

Page 299

 convictions, [1] showed that on October 9, 2017, an officer with Arizona Department of Public Safety ("DPS") stopped Angulo-Chavez for speeding. Though the officer was not fluent in Spanish and Angulo-Chavez spoke little English, they were able to effectively communicate. After issuing a warning for the speeding violation, the officer asked Angulo-Chavez whether he would answer additional questions and he agreed. As they spoke, the officer became increasingly suspicious Angulo-Chavez was engaged in illegal activity. Eventually, Angulo-Chavez orally agreed to allow the officer to search his car and signed a Spanish-language DPS consent-to-search form.

         [¶3] The officer found approximately 18 pounds of methamphetamine hidden in sealed packages behind a panel in the trunk. An analyst later identified Angulo-Chavez’s fingerprint on one of the packages. The State subsequently charged Angulo-Chavez with ...


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