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STATE v. THOMPSON, 1 CA-CR 11-0414. (2012)

Court: Court of Appeals of Arizona Number: inazco20120726003 Visitors: 28
Filed: Jul. 26, 2012
Latest Update: Jul. 26, 2012
Summary: 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 THOMPSON, Judge. 1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 , 451 P.2d 878 (1969). Counsel for Tyrone Thompson (defendant) has advised us that, after searching the entire record, he has been unable to discov
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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

THOMPSON, Judge.

¶ 1 This case comes to us as an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Counsel for Tyrone Thompson (defendant) has advised us that, after searching the entire record, he has been unable to discover any arguable questions of law and has filed a brief requesting that this court conduct an Anders review of the record. Defendant has been afforded an opportunity to file a supplemental brief in propria persona, and he has not done so.

¶ 2 In the late evening hours of September 15, 2007, defendant was observed by police officers pulling out of an apartment complex known for criminal activity, including narcotics trafficking and stolen vehicles. Before the officers were able to run the license plate, defendant quickly turned the corner and pulled off the side of the road. When an officer approached the truck, defendant accelerated dramatically and sped off, running a stop sign. Officers turned on their lights and sirens and attempted to pull the truck over. Defendant drove evasively through the neighborhood and ran a red light. The officers notified dispatch and were advised to stop the pursuit. Defendant was spotted walking away from the truck by other officers in the neighborhood. Defendant had the truck keys on him as well as approximately four grams of marijuana and two grams of cocaine. Defendant admitted the marijuana and cocaine were his.

¶ 3 Defendant was charged with one count of unlawful flight from a law enforcement vehicle, a class 5 felony, one count of possession or use of marijuana, a class 6 felony, and one count of possession or use of narcotic drugs, a class 4 felony.

¶ 4 A jury convicted defendant on all counts. The trial court sentenced defendant to presumptive sentences of one and a half years for unlawful flight from a law enforcement vehicle, one year for possession or use of marijuana, and two and a half years for possession or use of narcotic drugs. Pursuant to his plea agreement, each of these sentences ran concurrently with defendant's seventeen-year sentence in CR2009-122055 for burglary in the first degree, a class 2 felony. In CR2007-160622, defendant received credit for 856 days as to each charge. Defendant timely appealed.

¶ 5 We have read and considered counsel's brief and have searched the entire record for reversible error. See Leon, 104 Ariz. at 300, 451 P.2d at 881. We find none. All of the proceedings were conducted in compliance with the Arizona Rules of Criminal Procedure, and the sentence imposed was within the statutory limits. Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), defendant's counsel's obligations in this appeal are at an end.

¶ 6 We affirm defendant's convictions and sentences.

PATRICIA A. OROZCO, Presiding Judge, LAWRENCE P. WINTHROP, Judge, concurring.

Source:  Leagle

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