Opinion
No. 2 CA-CR 2018-0063
09-19-2018
THE STATE OF ARIZONA, Appellee, v. EDIBERTO GIRON-CARCAMO, Appellant.
COUNSEL Harriette P. Levitt, 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NOT FOR PUBLICATION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 Cochise County
No. S0200CR201700541
The Honorable John F. Kelliher Jr., Judge
AFFIRMED
COUNSEL
Harriette P. Levitt, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Judge Espinosa authored the decision of the Court, in which Judge Eppich and Chief Judge Eckerstrom concurred.
ESPINOSA, Judge:
¶1 After a jury trial, Ediberto Giron-Carcamo was convicted of transportation of marijuana for sale weighing two pounds or more. The trial court sentenced him to a slightly mitigated, four-year prison term. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297 (1969), and State v. Clark, 196 Ariz. 530 (App. 1999), asserting she reviewed the record but found no arguable issue to raise on appeal. Consistent with Clark, 196 Ariz. 530, ¶ 32, 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. Giron-Carcamo has not filed a supplemental brief.
¶2 Viewed in the light most favorable to sustaining the verdict, State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence at trial was sufficient to support the jury's finding of guilt. See A.R.S. §§ 13-3401(32), (36)(h), 13-3405(A)(4), (B)(11), (C). In June 2017, border patrol agents apprehended five individuals in a desert area near Douglas, each of whom was wearing camouflage clothing and had been carrying a backpack containing marijuana; Giron-Carcamo was one of those individuals. Each backpack contained either two or three bundles of marijuana, with each bundle weighing between twenty and twenty-five pounds; the marijuana was worth a total amount of approximately $246,400. We also conclude the sentence imposed is within the statutory limits. See A.R.S. § 13-702(D).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. State v. Fuller, 143 Ariz. 571, 575 (1985) (stating Anders requires court to search record for fundamental error). Accordingly, Giron-Carcamo's conviction and sentence are affirmed.