NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE

.

IN THE 

## A RIZONA 

## C OURT OF 

## A PPEALS

D IVISION O NE

STATE OF ARIZONA
, Appellee
,

v.

DI O DORO CORTINA, JR.
, Appellant

.
No. 1 CA

- CR 16

- 0877

Appeal from the Superior Court in Maricopa County

No. CR2015

- 155194

- 001 The Honorable Bradley H. Astrowsky
, Judge

AFFIRMED

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

Maricopa County Public Defender's Office
, Phoenix By Lawrence S. Matthew C ounsel for Appellant FILED 11-14-2017STATE v. CORTINA Decision of the Court

2 MEMORANDUM DECISION
Judge Michael J. Brown delivered the decision of the Court, in which Presiding Judge Diane M. Johnsen and Judge Jennifer B. Campbell joined.

B R O W N , Judge:

¶1 Di o dor o Cortina , Jr. appeals his convictions and sentences for possession or use of narcotic drugs and possession of drug paraphernalia. Cortina's counsel filed a brief in compliance with Anders v. California , 386 U.S. 738 (1967), and State v. Leon , 104 Ariz. 297 (1969), advising that after searching the record on ap peal, he found no meritorious g rounds for reversal. Cortina was given the opportunity to file a suppleme ntal brief but did not do so.

¶2 Our obligation is to review the entire record for reversible

error. See State v. Clark , 196 Ariz. 530, 537, ¶ 30 (App. 1999). W e view the facts in the light most favorable to sustaining the conviction and resolve all reasonable inferences against Cortina

. State v. Guerra , 161 Ariz. 289, 293 (1989).

¶3 On October 21, 2014, Officer Merkel recognized Cortina as having an outstanding arrest warrant so he placed Cortina under arrest. Merkel searched Cortina incident to the arrest and found in his backpack two syringes, a spoon with black burn marks, a plastic container with a razor blade, a piece of cotton, a lighter, an d black t ar heroin in Cortina’s backpack

. Cortina later admitted that the heroin in his backpack was worth three to five dollars, and that he planned to use the heroin to keep from getting sick. T he items Merkel found in Cortina’s backpack were consisten t with the intravenous use of heroin. A forensic scientist tested the substance
, confirmed it was heroin , and found it weighed 0.11 grams, a usable quantity of heroin.

¶4 A jury found Cortina guilty of possession or use of narcotic drugs
, a class 4 felony
, and possession of drug paraphernalia
, a class 6 felony

. T he superior court imposed a mitigated, concurrent sentence of eight and one

- half years for the class 4 felony and th ree years for the class 6 felony , with credit for 240 days p resentence incarcerat ion credit. This timely appeal followed.STATE v. CORTINA Decision of the Court

3 ¶5 After a thorough review of the record, we find no reversible

error. See Clark , 196 Ariz. at 541, ¶ 50 . The record reflects Cortina was represented by counsel at all stages of the proceedings against him. Excep t for a brief period when the superior court answered a jury question, at which counsel waived Cortina's presence, Cortina was present at all critical stages. The evidence presented supports that the conviction s and the
sentence s imposed fall within the range permitted by law. As far as the record reveals, these proceedings were conducted in compliance with Cortina's constitutional and statutory rights and the Arizona Rules of Criminal Procedure. We therefore affirm the convictions and the r esulting
sentences.

¶6 Defense counsel's obligations pertaining to Cortina 's representation in this appeal have ended. Counsel need do no more than inform Cortina of the outcome of this appeal and his future options, unless, upon review, counsel finds "an issue appropriate for submission" to the Arizona Supreme Court by petition for review. See State v. Shattuck , 140 Ariz. 582, 584

- 85 (1984). On the court's own motion, Cortina has 30 days from the date of this decision to proceed, if he wishes, with a pr o per motion for reconsideration. Cortina has 30 days from the date of this decision to proceed, if he wishes, with a pro per petition for review.