State v. Taylor, 110719 AZAPP1, 1 CA-CR 18-0690

Docket Nº:1 CA-CR 18-0690
Opinion Judge:THUMMA, JUDGE
Party Name:STATE OF ARIZONA, Appellee, v. ALPHONSO TAYLOR, Appellant.
Attorney:Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee Michael J. Dew, Phoenix Counsel for Appellant Alphonso Taylor, San Luis Appellant
Judge Panel:Judge Samuel A. Thumma delivered the decision of the Court, in which Presiding Judge Paul J. McMurdie and Chief Judge Peter B. Swann joined.
Case Date:November 07, 2019
Court:Court of Appeals of Arizona
 
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STATE OF ARIZONA, Appellee,

v.

ALPHONSO TAYLOR, Appellant.

No. 1 CA-CR 18-0690

Court of Appeals of Arizona, First Division

November 7, 2019

Not for Publication - Rule 111(c), Rules of the Arizona Supreme Court

Appeal from the Superior Court in Maricopa County No. CR2013-003380-001 The Honorable Jay R. Adleman, Judge

Arizona Attorney General's Office, Phoenix By Joseph T. Maziarz Counsel for Appellee

Michael J. Dew, Phoenix Counsel for Appellant Alphonso Taylor, San Luis Appellant

Judge Samuel A. Thumma delivered the decision of the Court, in which Presiding Judge Paul J. McMurdie and Chief Judge Peter B. Swann joined.

MEMORANDUM DECISION

THUMMA, JUDGE

¶1 This is an appeal under Anders v. California, 386 U.S. 738 (1967) and State v. Leon, 104 Ariz. 297 (1969). Counsel for defendant Alphonso Taylor has advised the court that, after searching the entire record, he is unable to discover any arguable questions of law and filed a brief requesting this court conduct an Anders review of the record. Taylor was given the opportunity to file a supplemental brief pro se and has done so. This court has reviewed the record and finds no reversible error. Accordingly, Taylor's conviction and resulting sentence are affirmed.

FACTS1 AND PROCEDURAL HISTORY

¶2 In June 2013, while in line at a truck stop in Maricopa County, an undercover drug enforcement detective overheard Taylor say, while talking on the phone, "I am here in Arizona. I'm dealing with the Soul Brothers." The detective had investigated the Soul Brothers, a motorcycle club, for brokering drug deals. Accordingly, the detective and his partner decided to conduct surveillance on Taylor. After gathering further background information, the officers obtained a warrant to place a GPS tracking device on Taylor's semi-truck.

¶3 Within days of placing the device on his semi, Taylor drove the truck in a "suspicious driving pattern" to a vacant industrial area. There, a silver minivan pulled up next to the semi. The officers saw Taylor speaking with the men who got out of the minivan. Taylor then opened a rear door of the semi and later drove away, eastbound on Interstate 10.

¶4 The primary investigating officer called highway patrol officers informing them the truck was potentially involved in suspicious activity and asked them to conduct a vehicle safety inspection stop. After an officer pulled Taylor over on Interstate 10 and completed a safety inspection, the officer requested Taylor's consent to a search of the semi. When Taylor refused, the officer called for a K-9 unit and the dog hit on two spots on the outside of the semi.2 Inside the trailer, the officers found 13 black duffel bags filled with 594 pounds of marijuana.

¶5 Taylor was arrested and given Miranda warnings. After the other officers arrived, Taylor stated he was willing to talk. When asked how the bags of marijuana ended up in his truck, Taylor said "they must have loaded them while it was parked at the truck stop," explaining that "they" meant "a guy named Mike from Michigan [who] comes out here and must have loaded the bags into my trailer." Taylor said his co-driver was not involved in what was going on and she had only been hired to pick up what the officer described as...

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