Opinion
No. 2 CA-CR 2015-0090
11-12-2015
THE STATE OF ARIZONA, Appellee, v. JEANETTE SAINZ, Appellant.
COUNSEL Steven R. Sonenberg, Pima County Public Defender By Katherine A. Estavillo, 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NOT FOR PUBLICATION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)(1); Ariz. R. Crim. P. 31.24.
Appeal from the superior Court in Pima County
No. CR20131385001
The Honorable Danelle B. Liwski, Judge
AFFIRMED
COUNSEL Steven R. Sonenberg, Pima County Public Defender
By Katherine A. Estavillo, Assistant Public Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Howard authored the decision of the Court, in which Presiding Judge Vásquez and Judge Kelly concurred. HOWARD, Judge:
The Hon. Virginia C. Kelly, a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court. --------
¶1 After a jury trial, Jeanette Sainz was convicted of possession of a dangerous drug for sale, of marijuana for sale, and of drug paraphernalia. The trial court sentenced her to concurrent prison terms, the longest of which was five years.
¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999), asserting she has reviewed the record but found no arguably meritorious issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 2 P.3d at 97, she 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 error. Sainz has not filed a supplemental brief.
¶3 Viewing the evidence in the light most favorable to sustaining the verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999), sufficient evidence supports the jury's verdicts here. In December 2012, while responding to a report of an armed robbery, police officers entered Sainz's residence and found 6.8 ounces of methamphetamine and about seven pounds of plastic-wrapped marijuana, quantities which a law enforcement officer testified were consistent with possession for sale of those drugs. A.R.S. §§ 13-3401(6), (19); 13-3405(A)(2); 13-3407(A)(2); 13-3415(A), (F). Sainz's prison terms were within the statutory limits and imposed properly. A.R.S. §§ 13-702(D), (E); 13-3405(B)(6); 13-3407(B)(2); 13-3415(A).
¶4 Pursuant to our obligation under Anders, we have searched the record for fundamental error and found none. See State v. Fuller, 143 Ariz. 571, 575, 694 P.2d 1185, 1189 (1985) (Anders requires court to search record for fundamental error). Accordingly, we affirm Sainz's convictions and sentences.