State v. Garcia-Quintana

OPINION

GOULD, Judge.

¶ 1 Gilberto Gareia-Quintana (“Defendant”) appeals from his conviction and sentence for sale or transportation of marijuana, a class two felony. Defendant argues the court improperly admitted drug courier profile evidence. Because we conclude the evidence was properly admitted as modus operandi evidence, we affirm as modified, vacating the order Defendant pay for the cost of DNA testing.

Facts and Procedural History 1

¶ 2 Shortly before midnight, Border Patrol agents using infrared equipment spotted 11 men walking in the desert near Gila Bend, Arizona. A short time later,…