Opinion
2 CA-CR 2023-0072
08-10-2023
The State of Arizona, Appellee, v. Thomas Doyle Carlton, Appellant.
Stephen L. Duncan, Scottsdale Counsel for Appellant
Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court
Appeal from the Superior Court in Yavapai County No. P1300CR202100977 The Honorable Linda Wallace, Judge Pro Tempore The Honorable Krista M. Carman, Judge
Stephen L. Duncan, Scottsdale Counsel for Appellant
Judge Sklar authored the decision of the Court, in which Vice Chief Judge Staring and Judge O'Neil concurred.
MEMORANDUM DECISION
SKLAR, JUDGE
¶1 After a 2022 jury trial in absentia, appellant Thomas Carlton was convicted of possession of a narcotic drug (fentanyl), possession or use of a narcotic drug (hydrocodone), and possession of drug paraphernalia (methamphetamine related). The trial court suspended the imposition of sentence and placed him on a three-year term of supervised probation.
¶2 On appeal, counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), stating he has "searched the record on appeal" and has found "[n]o arguable question of law" to raise. 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 this court to search the record for "fundamental error." Carlton has not filed a supplemental brief.
¶3 Viewed in the light most favorable to affirming the jury's verdicts, see State v. Holle, 240 Ariz. 300, ¶ 2 (2016), the evidence is sufficient here, see A.R.S. §§ 13-3401(20)(ww), (ttt), (21)(n), 13-3408(A)(1), 13-3415(A). In July 2021, while conducting a search of Carlton's home pursuant to a search warrant, officers discovered a can with methamphetamine residue on the bottom, foil containing burnt residue, and "tooters,"-which are "little cut straws or pens that are hollowed out" and known to be used for snorting fentanyl off of foil. The search also yielded hydrocodone and fentanyl pills. Carlton told officers that he was selling the fentanyl pills for $10 each, that he used fentanyl, that he knew the drugs and drug paraphernalia were inside his residence, and that he had obtained the drugs "from several people throughout Prescott Valley." The probationary term is within the statutory range. See A.R.S. §§ 13-901, 13-902(A)(3), (4), 13-3408(B)(1), (C), 13-3415(A).
¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. See State v. Fuller, 143 Ariz. 571, 575 (1985). Accordingly, we affirm Carlton's convictions and the term of probation.