Opinion
No. 2 CA-CR 2016-0320
03-31-2017
THE STATE OF ARIZONA, Appellee, v. CHELSEA RENE BARNETT, Appellant.
COUNSEL Rowley Long & Simmons PLLC, Mesa By Matthew S. Long Counsel for Appellant
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Crim. P. 31.24.
Appeal from the Superior Court in Pinal County
No. S1100CR201500683
The Honorable Steven J. Fuller, Judge
AFFIRMED AS CORRECTED
COUNSEL
Rowley Long & Simmons PLLC, Mesa
By Matthew S. Long
Counsel for Appellant
MEMORANDUM DECISION
Judge Miller authored the decision of the Court, in which Presiding Judge Staring and Judge Espinosa concurred.
MILLER, Judge:
¶1 After a jury trial held in absentia, Chelsea Barnett was convicted of possession of a dangerous drug and possession of drug paraphernalia. The trial court found she was a category three repetitive offender based on historical prior felony convictions and sentenced her to concurrent, enhanced, minimum terms of imprisonment, the longer of which is eight years.
¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738, 744 (1967), and State v. Clark, 196 Ariz. 530, ¶ 30, 2 P.3d 89, 96 (App. 1999), asserting he has reviewed the record but found no non-frivolous question of law to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, he has provided "a detailed factual and procedural history of the case with citations to the record" and asks this court to search the record for fundamental error. Barnett has not filed a supplemental pro se brief.
¶3 The evidence, viewed in the light most favorable to sustaining Barnett's conviction, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), was sufficient to support the jury's verdicts, see A.R.S. §§ 13-3401(6)(a), 13-3407(A)(1), 13-3415(A). Barnett was the passenger in a vehicle stopped by a Casa Grande police sergeant after he conducted an inquiry on the vehicle's registration. Barnett exited the vehicle, was detained, and was subjected to a pat-down search that yielded from her waistband a paper towel containing black residue and holes. Through the open door of the vehicle the police sergeant observed a small plastic bag containing what appeared to be methamphetamine on the floor beneath the steering wheel. After a more thorough search at the
police station, a small glass pipe found on Barnett's person was determined to contain a useable amount of methamphetamine weighing 0.14 grams. Barnett had been warned of the consequences of failing to appear, and the trial court found she had voluntarily absented herself from her trial.
¶4 We further conclude Barnett's sentences were authorized by statute and were properly imposed. See A.R.S. §§ 13-105(22)(d), 13-703(C), (J). However, in the course of our review, we noticed a clerical error in the trial court's sentencing minute entry, which refers to A.R.S. § 13-702, the sentencing statute for first offenders, rather than § 13-703, which pertains to repetitive offenders. We therefore correct the sentencing minute entry to reflect Barnett was sentenced as a category three repetitive offender pursuant to § 13-703, as established in the sentencing hearing transcript as well as by the sentence imposed. Cf. State v. Lopez, 230 Ariz. 15, n.2, 279 P.3d 640, 643 n.2 (App. 2012) (when sentencing court's intent is clear from record, "we need not remand for clarification").
¶5 In our examination of the record, we have found no reversible error and no arguable issue warranting further appellate review. See Anders, 386 U.S. at 744; see also Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97. Accordingly, Barnett's convictions and sentences, as corrected, are affirmed.