Opinion
2 CA-CR 2011-0036
01-25-2012
THE STATE OF ARIZONA, Appellee, v. DEMETRIO LOPEZ-DIAZ, Appellant.
Barton & Storts, P.C. By Brick P. Storts, III Tucson 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Not for Publication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 PIMA COUNTY
Cause No. CR20100843003
Honorable Teresa Godoy, Judge Pro Tempore
AFFIRMED
Barton & Storts, P.C.
By Brick P. Storts, III
Tucson
Attorneys for Appellant
HOWARD, Chief Judge.
¶1 Following a jury trial, appellant Demetrio Lopez-Diaz was convicted of conspiracy to possess cocaine and/or sale of cocaine, sale of nine grams or more of methamphetamine, possession of cocaine, and three counts of sale of nine grams or more of cocaine. The trial court imposed concurrent, mitigated sentences, the longest of which was five years. 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 legal issues to raise on appeal." Counsel has asked us to search the record for fundamental error. Lopez-Diaz 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 findings of guilt. See State v. Tamplin, 195 Ariz. 246, ¶ 2, 986 P.2d 914, 914 (App. 1999). The evidence presented at trial showed that Lopez-Diaz, in concert with his codefendants, had sold methamphetamine and cocaine to an undercover Tucson Police officer on four occasions in January to March of 2010 and that Lopez-Diaz had cocaine in his pocket when he was arrested in March 2010. The sentence imposed is within the statutory limit. See A.R.S. §§ 13-1003, 13-3401(36), 13-3407, 13-3408, 13-3419(A)(4).
¶3 Pursuant to our obligation under Anders, we have searched the record for fundamental, reversible error and have found none. Therefore, we affirm Lopez-Diaz's convictions and sentences.
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JOSEPH W. HOWARD, Chief Judge
CONCURRING:
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PETER J. ECKERSTROM, Presiding Judge
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J. WILLIAM BRAMMER, JR., Judge