Opinion
2 CA-CR 2011-0381
05-16-2012
THE STATE OF ARIZONA, Appellee, v. VICTOR STACY BROOKS, Appellant.
Joel Larson, Cochise County Legal Defender By Thomas C. Holz Bisbee Attorneys for Appellant
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
APPEAL FROM THE SUPERIOR COURT OF COCHISE COUNTY
Cause No. CR200900585
Honorable James L. Conlogue, Judge
AFFIRMED
Joel Larson, Cochise County Legal Defender By Thomas C. Holz Bisbee
Attorneys for Appellant
ESPINOSA, Judge.
¶1 Appellant Victor Brooks was convicted after a jury trial of transportation of marijuana for sale having a weight of two pounds or more. The trial court sentenced him to a presumptive five-year prison term. 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), stating he has reviewed the record and has found no "arguable issues to assert" on appeal. Counsel has asked us to search the record for reversible error. Brooks has not filed a supplemental brief.
¶ 2 Viewed in the light most favorable to sustaining the verdict, the evidence was sufficient to support the jury's finding of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence presented at trial showed that, during an August 2009 traffic stop, police officers found in the vehicle Brooks had been driving several bales of marijuana having a combined weight of approximately 180 pounds. See A.R.S. § 13-3405(A)(4). Brooks's sentence was within the prescribed statutory range and was imposed lawfully. See A.R.S. §§ 13-701; 13-702(D); 13-3405(B)(11).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, Brooks's conviction and sentence are affirmed.
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PHILIP G. ESPINOSA, Judge
CONCURRING:
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GARYE L. VÁSQUEZ, Presiding Judge
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VIRGINIA C. KELLY, Judge