State v. Alshammari

── State v. Alshammari ── Court: Court of Appeals of Arizona Date: May 21, 2026 Category: General 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 UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.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 ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Appellee, v. EBRIHAM ALSHAMMARI, Appellant. No. 1 CA-CR 24-0651 FILED 05-21-2026 Appeal from the Superior Court in Maricopa County No. CR2023-106970-001 The Honorable Utiki Spurling Laing, Judge Pro Tempore AFFIRMED COUNSEL Arizona Attorney General’s Office, Phoenix By Alice Jones Counsel for Appellee The Susser Law Firm, PLLC, Chandler By Adam Susser Counsel for Appellant  STATE v. ALSHAMMARI Decision of the Court MEMORANDUM DECISION Judge Andrew J. Becke delivered the decision of the Court, in which Presiding Judge Samuel A. Thumma and Judge Kent E. Cattani joined. B E C K E, Judge: ¶1 This is an appeal filed in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969). Counsel for Ebrahim Alshammari has advised this court that he found no arguable question of law and asks us to search the record for reversible error. Alshammari was convicted of one count of aggravated driving or actual physical control while under the influence of drugs (“DUI”), impaired to the slightest degree, and one count of aggravated DUI while his license to drive was suspended, both Class 4 felony offenses. Alshammari was given an opportunity to file a supplemental brief; he has not done so. After reviewing the record, we affirm Alshammari’s convictions and sentences. FACTUAL AND PROCEDURAL HISTORY ¶2 We view the facts in the light most favorable to sustaining the convictions and resolve all reasonable inferences against Alshammari. See State v. Fontes, 195 Ariz. 229, 230, ¶ 2 (App. 1998). ¶3 On March 19, 2022, an officer with the Tempe Police Department responded to a report of a male passed out inside a vehicle. When the officer arrived, he found a vehicle with its headlights and brake lights on, the dash lights illuminated, and the keys in the ignition. He could hear the engine idling, the car was in drive, and the tires were facing the road. Alshammari was sitting in the driver’s seat slumped over the steering wheel. ¶4 The officer began a DUI investigation and contacted a traffic officer to assist. When the traffic officer arrived, he saw that Alshammari was swaying, could not stand still, and had a coarse voice, which the officer believed could be due to drug use. Based on Alshammari’s presentation and results of field testing, he was handcuffed and transported for a blood draw. Alshammari was charged with two counts of aggravated DUI, both Class 4 felonies. 2  STATE v. ALSHAMMARI Decision of the Court ¶5 At trial, the State presented testimony from the forensic toxicologist who tested Alshammari’s blood, a phlebotomist who drew his blood, two law enforcement officers involved in Alshammari’s case, and the Arizona Motor Vehicle Division (“MVD”) custodian of records. The forensic toxicologist testified that Alshammari’s blood contained methamphetamine and amphetamine. The MVD custodian of records affirmed that Alshammari’s license was suspended on the date of the offense and that he had been mailed notice of the suspension. ¶6 The jury found Alshammari guilty as charged. The trial court conducted the sentencing hearing in compliance with Alshammari’s constitutional righ