Opinion
No. 2 CA-CR 2014-0088
10-08-2014
THE STATE OF ARIZONA, Appellee, v. CHRISTOPHER JAMES PADILLA, Appellant.
COUNSEL Lori J. Lefferts, Pima County Public Defender By Michael J. Miller, Assistant Public Defender, Tucson 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NOT FOR PUBLICATION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); Ariz. R. Crim. P. 31.24.
Appeal from the Superior Court in Pima County
No. CR20123197001
The Honorable Richard S. Fields, Judge
AFFIRMED
COUNSEL
Lori J. Lefferts, Pima County Public Defender
By Michael J. Miller, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Howard authored the decision of the Court, in which Presiding Judge Kelly and Judge Vásquez concurred.
HOWARD, Judge:
¶1 After a jury trial, appellant Christopher Padilla was convicted of sale and/or transfer of a narcotic drug, possession of a narcotic drug, and possession of drug paraphernalia. Appointed counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), avowing he has reviewed the entire record and has been "unable to find any arguably meritorious issue to raise on appeal." Padilla has not filed a supplemental brief.
¶2 As counsel requested, we have searched the record for reversible error. The evidence established Padilla arranged for the purchase by an undercover police officer of crack cocaine, or cocaine base, and produced a pipe for smoking the drug, which, together with a small piece of crack cocaine, was subsequently found near where he had been sitting in the passenger seat of the officer's vehicle. Thus, the evidence established Padilla committed the offenses of sale and/or transportation of a narcotic drug, possession of a narcotic drug, and possession of drug paraphernalia. See A.R.S. §§ 13-3408(A)(1), (7), 13-3415(A). The trial court sentenced Padilla to a partially mitigated prison term of seven years for the sale and/or transfer conviction, and concurrent, presumptive prison terms of 4.5 and 1.75 years on the remaining charges, enhanced by an historical prior felony conviction; the sentences were lawful and imposed in a lawful manner. See A.R.S. § 13-703(B)(2), (I).
¶3 We have reviewed the record for fundamental error and have found none. We therefore affirm the convictions and sentences.