State v. Villalobos Alvarez

OPINION

GRANT, Judge.

Defendant was convicted of possession of a narcotic drug (cocaine) with a prior conviction. He was sentenced to the presumptive term of six years’ imprisonment.

The charge against defendant resulted from the discovery of cocaine during the execution of a search warrant in Phoenix. The site of the search was an apartment occupied by defendant’s sister and her boyfriend. The cocaine was found in a basket which the boyfriend grabbed as the police broke through the front door. Although defendant was not present, evidence at trial showed he had stayed at the apartment…