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State v. Richey

ARIZONA COURT OF APPEALS DIVISION TWO
Mar 26, 2019
No. 2 CA-CR 2018-0303 (Ariz. Ct. App. Mar. 26, 2019)

Opinion

No. 2 CA-CR 2018-0303

03-26-2019

THE STATE OF ARIZONA, Appellee, v. KEITH EUGENE RICHEY, Appellant.

COUNSEL Emily Danies, 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NOT FOR PUBLICATION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)(1); Ariz. R. Crim. P. 31.19(e).

Appeal from the Superior Court in Gila County
No. S0400CR201800053
The Honorable Timothy M. Wright, Judge

AFFIRMED

COUNSEL

Emily Danies, Tucson
Counsel for Appellant

MEMORANDUM DECISION

Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

ECKERSTROM, Chief Judge:

¶1 After a jury trial, Keith Richey was convicted of possession of drug paraphernalia. The trial court suspended the imposition of sentence and placed Richey on a sixteen-month term of probation.

¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating she has reviewed the record but found no "arguable question of law" to raise on appeal. Richey has not filed a supplemental brief.

¶3 Viewed in the light most favorable to sustaining the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support its verdict here, see A.R.S. § 13-3415(A). During a traffic stop in December 2017, a Department of Public Safety officer found a marijuana pipe in a lockbox that had been at Richey's feet. Sufficient evidence also supported the jury's finding that Richey had been on pretrial release in another matter when he committed the offense and the court's finding that Richey had previously been convicted of possession of marijuana and drug paraphernalia. The probation term is within the statutory range. See A.R.S. §§ 13-901.01(A), (F), 13-902(A), 13-3415(A).

¶4 We have searched the record for reversible error and found none. We therefore affirm Richey's conviction and the trial court's disposition.


Summaries of

State v. Richey

ARIZONA COURT OF APPEALS DIVISION TWO
Mar 26, 2019
No. 2 CA-CR 2018-0303 (Ariz. Ct. App. Mar. 26, 2019)
Case details for

State v. Richey

Case Details

Full title:THE STATE OF ARIZONA, Appellee, v. KEITH EUGENE RICHEY, Appellant.

Court:ARIZONA COURT OF APPEALS DIVISION TWO

Date published: Mar 26, 2019

Citations

No. 2 CA-CR 2018-0303 (Ariz. Ct. App. Mar. 26, 2019)