State of Arizona v. Richard Lee Palmer, 270 P.3d 891

Palmer was convicted by jury of possessing nine grams or more of methamphetamine for sale.
Palmer admitted one historical felony conviction and was sentenced as a category two repetitive offender to 4.5 years in prison.
On appeal, Palmer challenges admission of hearsay, argues any error was not harmless, and contends there was insufficient evidence.
The offense involved Palmer’s hospitalization after a motorcycle crash on February 6, 2010, during which hospital staff found 12.57 grams of methamphetamine in a baggie.
A baggie was inventoryed and turned over to a police officer; testimony discussed a backpack and two women removing it from Palmer’s trauma bay.
The majority held the two-women statement was not hearsay because it was not intended as an assertion; the dissent argued it was hearsay and prejudicial.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of two-women statements about Palmer's backpack	Palmer contends the statements are hearsay and improperly admitted.	State argues Palmer opened the door and the statements were not hearsay as non-assertive conduct tied to possession.	Not hearsay; admission affirmed.
Harmless error analysis for hearsay ruling	Error was not harmless and affected the verdict.	Any error was harmless given other evidence linking Palmer to the backpack.	No reversible error; court did not reach harmlessness due to no error found.
Sufficiency of evidence linking backpack to Palmer	Evidence was conjectural and insufficient to prove possession.	Testimony showed the backpack entered the trauma bay and two women addressed Palmer about it, supporting possession.	Substantial evidence supports conviction.

State v. Chavez, 225 Ariz. 442 (App. 2010) (nonverbal conduct and implied beliefs discussed under Rule 801(a))
State v. Carrillo, 156 Ariz. 120 (App. 1987) (out-of-context statements not intended as assertions can be nonhearsay)
State v. Ellison, 213 Ariz. 116 (2006) (testimony about nonverbal conduct not hearsay if not intended as assertion)
State v. Printz, 125 Ariz. 300 (1980) (hearsay limits on verbal conduct and assertion definitions)