State of Arizona v. Carlos Ubaldo Gonzalez

OPINION

MILLER, Judge.

¶ 1 After a jury trial, Carlos Gonzalez was convicted of theft of a means of transportation and criminal trespass, and sentenced to a total of four years in prison. He raises a single issue: whether the trial court erred in concluding that a police officer investigating a suspicious activity call had not detained Gonzalez in his vehicle before discovering that he was smoking marijuana. For the reasons that follow, we conclude Gonzalez was not detained prior to the officer smelling marijuana as he approached the vehicle. Therefore, the court correctly denied the motion to…