Opinion
No. 2 CA-CR 2018-0238
03-27-2019
THE STATE OF ARIZONA, Appellee, v. MARIEL BECERRA, Appellant.
COUNSEL James Fullin, Pima County Legal Defender By Jeffrey Kautenburger, Assistant Legal Defender, 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NOT FOR PUBLICATION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 Pima County
No. CR20174733001
The Honorable John Hinderaker, Judge
AFFIRMED
COUNSEL
James Fullin, Pima County Legal Defender
By Jeffrey Kautenburger, Assistant Legal Defender, Tucson
Counsel for Appellant
MEMORANDUM DECISION
Presiding Judge Staring authored the decision of the Court, in which Judge Vásquez and Judge Brearcliffe concurred.
STARING, Presiding Judge:
¶1 After a jury trial, Mariel Becerra was convicted of four counts of aggravated driving under the influence of an intoxicant (DUI), specifically: DUI with a suspended or revoked license, driving with a blood alcohol concentration (BAC) at or above .08 with a suspended or revoked license, DUI having two or more DUI violations in the preceding eighty-four months, and driving with a BAC of .08 or greater having two or more DUI violations in the previous eighty-four months. The trial court sentenced her to concurrent, three-year prison terms for each offense.
¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), and State v. Clark, 196 Ariz. 530 (App. 1999), stating he has reviewed the record but found "no tenable issue to raise on appeal." Becerra has not filed a supplemental brief.
¶3 Viewed in the light most favorable to sustaining the jury's verdicts, see State v. Tamplin, 195 Ariz. 246, ¶ 2 (App. 1999), the evidence is sufficient to support its verdicts here, see A.R.S. §§ 28-1381(A)(1), (2), 28-1383(A)(1), (2). In October 2017, a Department of Public Safety officer stopped Becerra for speeding. Becerra exhibited numerous signs of intoxication during field sobriety tests and testing of a sample of her blood, taken within two hours of her having driven, showed her BAC to be .126. Becerra's driver license was suspended at the time, which she admitted to the arresting officer, and she had previously been convicted of DUI offenses committed in 2011 and 2015. The evidence also supports the trial court's finding that Becerra had one historical prior felony conviction. The sentences imposed are within the statutory range. See A.R.S. §§ 13-703(B), (I), 28-1383(O)(1).
¶4 We have searched the record for reversible error and found none. We therefore affirm Becerra's convictions and sentences.