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 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 one count of transportation of dangerous
drugs for sale, a class 2 felony.
¶4
Before trial, Angulo-Chavez moved to suppress the evidence
and argued, in relevant part, that the officer unlawfully
extended the traffic stop in violation of his Fourth
Amendment rights. Following a suppression hearing in which
the DPS officer and Angulo-Chavez testified, the superior
court denied the motion to suppress.
¶5
A jury found Angulo-Chavez guilty as charged, and further
found one aggravating factor. The superior court sentenced
Angulo-Chavez to the presumptive term of 10 years'
imprisonment. Angulo-Chavez timely appealed his conviction
and sentence. We have jurisdiction pursuant to Article 6,
Section 9, of the Arizona Constitution and Arizona Revised
Statutes ("A.R.S.") sections 12-120.21(A)(1),
13-4031, and -4033.
DISCUSSION
I.
Motion to Suppress
¶6
Angulo-Chavez argues the superior court erred when it denied
his motion to suppress. He asserts that his continued
detention exceeded the purpose of the traffic stop in
violation of his Fourth Amendment rights. We review the
court's ruling on a motion to suppress for abuse of
discretion, consider only the evidence presented at the
suppression hearing, and view the evidence in a light most
favorable to sustaining ...