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State v. Waggoner10/31/2003
MEMORANDUM DECISION
Not for Publication Rule 111, Rules of the Supreme Court
Appellant Jeremy Patrick Waggoner was found guilty by a jury of aggravated driving under the influence of an intoxicant (DUI) while his license was suspended or revoked and aggravated driving with an alcohol concentration of.10 or greater while his license was suspended or revoked. At sentencing, appellant admitted having a prior felony conviction, and the trial court sentenced him to concurrent, presumptive prison terms of 4.5 years. Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), in which he has raised no arguable issues. Appellant has not filed a supplemental brief.
The testimony at trial showed that appellant performed poorly on several field sobriety tests and displayed six cues on the horizontal gaze nystagmus test. His breath test results were.145 and.137. A custodian of records at the Arizona Department of Transportation Motor Vehicle Division testified that appellant's license had been suspended and revoked and that notices of the suspension and revocation had been mailed to appellant.
We have reviewed the entire record for fundamental error and have found none. The evidence, viewed in the light most favorable to sustaining the verdicts, see State v. Riley, 196 Ariz. 40, 992 P.2d 1135 (App. 1999), supports the convictions. Accordingly, we affirm the convictions and the sentences imposed.
PHILIP G. ESPINOSA, Chief Judge
CONCURRING:
JOHN PELANDER, Presiding Judge
PETER J. ECKERSTROM, Judge
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