State v. Baker
1 CA-CR 17-0313
| Ariz. Ct. App. | Dec 5, 2017Background
- Officer stopped Baker for erratic driving; both occupants initially gave evasive answers about destination. Baker ultimately identified a drug-associated location.
- Baker consented to a vehicle search; officers found a bag containing 7.18 grams of methamphetamine and a digital scale. Baker was recorded (per officer testimony) saying he was given the methamphetamine to sell.
- Baker testified at trial, admitting drug use but asserting the methamphetamine and scale were for personal use and verifying only the quantity he bought; he denied saying the drugs were for sale.
- A jury convicted Baker of possession of dangerous drugs for sale (Class 2 felony) and possession of drug paraphernalia (Class 6 felony). The jury verdicts were returned collectively and confirmed without individual polling.
- At sentencing the court found no aggravators, one mitigator (no prior felony convictions), and imposed concurrent terms (5 years and 1 year), awarding 37 days’ presentence credit.
- Counsel filed an Anders brief asserting no arguable appellate issues; the appellate court conducted an independent review and found no reversible error, affirming convictions and sentences.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for possession for sale | State: evidence (quantity, scale, officer testimony) supports possession-for-sale conviction | Baker: testified drugs and scale were for personal use; disputed officer’s account | Court: substantial evidence supports convictions; affirmed |
| Admission and weight of defendant’s statements | State: officer testimony about defendant’s admission was admissible and credible | Baker: denied making admission about selling drugs | Court: credibility resolved by jury; admission weight favored State |
| Jury verdict confirmation procedure | State: collective confirmation sufficient | Baker: (no pro se brief raised error) — possible concern about not polling individually | Court: collective jury confirmation acceptable; no reversible error |
| Sentencing procedure and factors considered | State: sentence within statutory range and court followed procedure | Baker: (no specific sentencing challenge preserved) | Court: court considered PSI, allowed allocution, identified mitigator; sentence affirmed |
Key Cases Cited
- Anders v. California, 386 U.S. 738 (1967) (procedure for counsel to request appellate review when no arguable issues exist)
- State v. Leon, 104 Ariz. 297 (1969) (Anders-type appellate review recognized in Arizona)
- State v. Clark, 196 Ariz. 530 (1999) (appellate courts must search record for reversible error under Anders/Leon)
- State v. Shattuck, 140 Ariz. 582 (1984) (counsel’s duties after Anders/Leon decision; defendant’s options for petition for review)
- State v. Rienhardt, 190 Ariz. 579 (1997) (viewing facts in the light most favorable to sustaining the verdict)
