State v. Viertel

OPINION

HOWARD, Judge.

Appellant, convicted by the court sitting without a jury of conspiracy to sell cocaine, was sentenced to 5.25 years in prison. She contends the trial court erred in admitting the declaration of a co-conspirator because (1) there was no independent evidence of a conspiracy and (2) her Sixth Amendment right of confrontation was violated. We disagree and affirm.

The record shows that Debbie Small, an indicted co-conspirator who pleaded guilty before trial, arranged a cocaine buy with Vance Stacy, a narcotics agent with the Tucson Police Department. According to Stacy, Debbie…