NOTICE: NOT FOR PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION DOES NOT CREATE

LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

STATE OF ARIZONA, Appellee,

v.

MANUEL HERNANDEZ, Appellant.

No. 1 CA-CR 15-0542

Appeal from the Superior Court in Maricopa County

No. CR 1998-005888

The Honorable Stephen A. Gerst, Judge (Retired)

AFFIRMED

COUNSEL

Arizona Attorney General’s Office, Phoenix

By Joseph T. Maziarz

Counsel for Appellee

Maricopa County Public Defender’s Office, Phoenix

By Paul J. Prato

Counsel for Appellant
STATE v. HERNANDEZ

Decision of the Court

2

MEMORANDUM DECISION

Presiding Judge Patricia A. Orozco delivered the decision of the Court, in 

which Judge Peter B. Swann and Judge Jon W. Thompson joined.

O R O Z C O, Judge:

¶1 Manuel Hernandez appeals his convictions and the resulting 

sentence for possession of dangerous drugs for sale, a class two felony;

transportation of dangerous drugs, a class two felony; and misconduct 

involving weapons, a class four felony. Pursuant to Anders v. California, 386 

U.S. 738 (1967) and State v. Leon, 104 Ariz. 297 (1969), Hernandez’s counsel 

filed a brief indicating that he searched the entire record, found no arguable 

question of law that was not frivolous, and asked this court to review the 

record for fundamental error. Hernandez was afforded the opportunity to 

file a supplemental brief in propria persona, but he has not done so. 

¶2 Our obligation in this appeal is to review “the entire record 

for reversible error.” State v. Clark, 196 Ariz. 530, 537, ¶ 30 (App. 1999). 

Finding no reversible error, we affirm Hernandez’s convictions and 

sentences.

FACTS AND PROCEDURAL HISTORY

¶3 On or about April 10, 1998, an extended undercover operation 

culminated in an afternoon meeting between Hernandez, two other 

individuals, and two undercover detectives, A. and M., for the sale of five 

to ten pounds of methamphetamine. One of the individuals introduced A. 

to Hernandez, who was sitting in a gold Cadillac with his two-year-old son.

After the drug was sampled and money displayed, the parties met to 

complete the transaction at a different location. Hernandez showed a ziplock freezer bag he represented as containing one pound of 

methamphetamine and explained the seller wanted to get some money 

before he could supply the remaining four to nine pounds. Some 

negotiation ensued, after which A. agreed to buy the one pound Hernandez 

offered. Phoenix Police Department arrest team moved in, arresting 

Hernandez and the two others. Under the driver’s seat, where Hernandez 

was sitting, the police recovered one pound (450g) of methamphetamine 

and a .38 caliber semi-automatic handgun.
STATE v. HERNANDEZ

Decision of the Court

3

¶4 Hernandez was indicted with: (1) offer to sell dangerous 

drugs, a class two dangerous felony, a count later dismissed by the State; 

(2) possession of dangerous drugs for sale, a class two felony; (3) 

transportation of dangerous drugs, a class two felony; and (4) misconduct 

involving weapons, a class four felony. 

¶5 Hernandez failedto appear at trial in August 2001 and the trial 

was held in absentia. A bench warrant was issued. Thirteen years later, in 

2014, Hernandez was apprehended on the warrant.

¶6 At trial,1 A. identified the person on the certified booking 

photograph as the man who he negotiated with over the sale and ultimate 

purchase of methamphetamine. At the time of the arrest, officers 

discovered a handgun Hernandez admitted belonged to him. 

¶7 M. testified that she advised Hernandez of his rights pursuant 

to Miranda v. Arizona, 384 U.S. 436 (1966) and interviewed Hernandez, who 

asserted he carried the handgun for protection. He admitted he knew the 

other two individuals, but not A. Hernandez claimed that A. tossed the 

methamphetamine onto his lap. 

¶8 A criminalist testified that he conducted drug tests and 

confirmed the recovered substance was 450 grams of methamphetamine.

The following items were admitted into evidence: a redacted and certified 

booking photograph of Hernandez taken on April 10, 1998, the day he was 

arrested; a plastic bag containing 450 grams of methamphetamine; a plastic 

bag containing a .38 caliber handgun and nineteen bullets; and a plastic bag 

containing one black electronic measuring scale.

¶9 The jury found Hernandez guilty of: possession of 

dangerous drugs for sale; transportation of dangerous drugs; and

misconduct involving weapons.

¶10 On July 22, 2015, Hernandez was sentenced to imprisonment 

for seven years for possession of dangerous drugs for sale, five years for 

transportation of dangerous drugs, and two and a half years for misconduct

involving weapons; all three sentences to run concurrently. Hernandez was 

 

1 Because no transcript was available from the jury trial in 2001, this 

court ordered a testimony reconstruction pursuant to Rule of Criminal 

Procedure (Rule) 31.8.f. Hernandez had the opportunity to dispute any 

omissions or misstatements, but he did not raise any controversy or 

question as to the form and content of the reconstructed record. See id. 
STATE v. HERNANDEZ

Decision of the Court

4

fined $24,000, forfeited his weapon, and was placed on community 

supervision pursuant to Arizona Revised Statutes (A.R.S.) § 13-603(I).

¶11 Hernandez timely appealed. We have jurisdiction pursuant 

to Article 6, Section 9, of the Arizona Constitution, and A.R.S. sections 12-

120.21.A.1, 13-4031, and -4033.A.1 (West 2016).2

DISCUSSION

¶12 “We view the facts and all reasonable inferences therefrom in 

the light most favorable to sustaining the convictions.” State v. Powers, 200 

Ariz. 123, 124, ¶ 2 (App. 2001). A reversal of a conviction based on 

insufficiency of evidence requires a clear showing that there was not 

sufficient evidence to support the jury’s conclusion under any hypothesis 

whatsoever. State v. Williams, 209 Ariz. 228, 231, ¶ 6 (App. 2004).

¶13 The State charged Hernandez with possession of dangerous

drugs for sale. Under A.R.S. § 13-3407.A.2, “[a] person shall not knowingly 

[p]ossess a dangerous drug for sale.” Knowingly “means, with respect to 

conduct or to a circumstance described by a statute defining an offense, that 

a person is aware or believes that the person’s conduct is of that nature or 

that the circumstance exists. It does not require any knowledge of the 

unlawfulness of the act or omission.” A.R.S. § 13-105.10.(b). Possession

“means a voluntary act if the defendant knowingly exercised dominion or 

control over property.” A.R.S. § 13-105.34. Sale means “an exchange for 

anything of value or advantage, present or prospective.” A.R.S. § 13-

3401.32. Methamphetamine is a dangerous drug. A.R.S. § 13-

3401.6.(c)(xxxviii). 

¶14 At trial, the State presented evidence identifying Hernandez 

as the man who sold one pound of methamphetamine to A. by A.’s 

identification of a certified booking photograph taken on the day of 

Hernandez’s arrest. A. further testified he negotiated the sale of 

methamphetamine with Hernandez, who showed him what was 

represented as methamphetamine. One pound of methamphetamine was

found under the seat of the car where Hernandez was sitting. A criminalist 

confirmed the drugs recovered as methamphetamine in a laboratory test. 

Hernandez agreed to accept money for the one pound of 

methamphetamine. 

 

2 We cite the current version of applicable statutes when no revisions 

material to this decision have since occurred.
STATE v. HERNANDEZ

Decision of the Court

5

¶15 Hernandez was also charged with transportation of 

dangerous drugs. Under A.R.S. § 13-3407.A.7, “[a] person shall not 

knowingly [t]ransport for sale . . . a dangerous drug.” Hernandez had the 

methamphetamine in his car and delivered it to A., in exchange for money.

¶16 Hernandez was further charged with misconduct involving

weapons, which requires “knowingly [] [c]arrying a deadly weapon . . .

concealed on his person or within his immediate control in or on a means 

of transportation [] [i]n the furtherance of . . . any other felony offense.” 

A.R.S. § 13-3102.A.1.(a). A. testified the police found a .38 caliber semiautomatic handgun and two magazines containing nineteen bullets under 

Hernandez’s seat during arrest. Additionally, M. testified Hernandez told 

her he carried the handgun for protection. 

¶17 Based on the evidence, we find there was sufficient evidence 

to support the jury’s verdicts.

¶18 The trial court sentenced Hernandez and gave Hernandez

credit for 395 days of presentence incarceration. Because the trial court 

properly determined the term of imprisonment pursuant to A.R.S. §§ 13-

701.C and -702.A.1 (West 1993) and it provided the correct amount of

presentence incarceration credit, this was a legal sentence.

CONCLUSION

¶19 We have read and considered counsel’s brief. We have 

carefully searched the entire appellate record for reversible error. See State 

v. Clark, 196 Ariz. 530, 541, ¶ 49 (App. 1999). All of the proceedings were 

conducted in compliance with the Arizona Rules of Criminal Procedure. 

We find substantial evidence supported the guilty verdicts. Hernandez 

was represented by counsel at all critical stages of the proceedings. At 

sentencing, Hernandez and his counsel were given an opportunity to speak,

and the court imposed a legal sentence. For the foregoing reasons, we 

affirm Hernandez’s convictions and sentences. 
STATE v. HERNANDEZ

Decision of the Court

6

¶20 Counsel’s obligations pertaining to Hernandez’s 

representation in this appeal have ended. See State v. Shattuck, 140 Ariz. 582, 

584 (1984). Counsel needs to do nothing more than inform Hernandez of 

the status of the appeal and his future options, unless counsel’s review 

reveals an issue appropriate for submission to the Arizona Supreme Court 

by petition for review. See id. at 585. Hernandez shall have thirty days from 

the date of this decision to proceed, if he so desires, with an in propria 

persona motion for reconsideration or petition for review.