Opinion
No. 2 CA-CR 2019-0274
08-07-2020
THE STATE OF ARIZONA, Appellee, v. BRANDON DAWUAN WHEELER, 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NOT FOR PUBLICATION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 Pima County
No. CR20183727002
The Honorable Teresa Godoy, Judge Pro Tempore
AFFIRMED
COUNSEL Emily Danies, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Chief Judge Vásquez authored the decision of the Court, in which Presiding Judge Staring and Judge Brearcliffe concurred. VÁSQUEZ, Chief Judge:
¶1 After a jury trial, Brandon Wheeler was convicted of possession of a deadly weapon by a prohibited possessor. The trial court sentenced him to an enhanced, mitigated prison term of six years.
Wheeler was also indicted for possession of a dangerous drug and possession of drug paraphernalia. However, those counts were severed, and the state proceeded to trial on the weapons misconduct charge. --------
¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), stating she has reviewed the record and was unable to find any "arguable question of law." Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided "a detailed factual and procedural history of the case, with citations to the record," and has asked us to search the record for reversible error. Wheeler has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the jury's verdict, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient here, see A.R.S. § 13-3102(A)(4). In August 2018, when officers detained and searched Wheeler, they found a handgun on his person. Wheeler had been convicted of felony offenses and his civil rights had not been restored. The record also supports the trial court's finding that Wheeler had three historical prior felony convictions. The sentence imposed is within the statutory range. See A.R.S. §§ 13-703(C), (J), 13-3102(M).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. Accordingly, we affirm Wheeler's conviction and sentence.