State v. Estrada

2010 WL 4978257 (2010)

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Nature of the Case

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Facts

D was indicted with nine others on the charges arising from their various roles between December 8 and 12, 2008 in a conspiracy to transport several hundred pounds of marijuana from Organ Pipe National Park to Maricopa County for sale. On December 12, 2008, police discovered hundreds of pounds of marijuana in bales in secret compartments of white cargo trailers Ds, their boyfriends, and their children had hauled behind two separate recreational vehicles ('RVs') rented from Cruise America. Police discovered hundreds more pounds of marijuana in bales in an identical secret compartment of a white cargo trailer hauled by another defendant and his family in a privately-owned RV from Organ Pipe on the same date. The trailers reeked of gasoline, which police believed was designed to disguise the smell of marijuana. The five hundred twenty-eight pounds of marijuana found in the trailer hauled by D's family was valued at about $260,000. The four hundred thirty pounds of marijuana found in the trailer hauled by Rodriguez's family was valued at about $215,000. The four hundred sixty-seven pounds of marijuana found in the trailer hauled behind the privately-owned RV was valued at about $230,000. Police had attached a GPS tracker to an RV rented at Cruise America's Surprise location by two suspected traffickers on December 8, 2008, and another GPS tracker on a privately owned RV that police also suspected was used in this drug trafficking conspiracy. They also conducted surveillance on the RV rented at Cruise America's Tucson location. A blue Dodge pickup truck transported the white cargo trailers from the parking lots to houses used prior to distribution. The same truck transported empty trailers to where the RVs were parked. D sat inside the RV when unidentified persons hooked the white cargo trailer to the RV occupied by her family before it left for Organ Pipe on December 11, 2008. D figured she was transporting something illegal, because 'they would just go to . . . the locations they were going to, sleep, and then immediately come back,' but she did not know that it was marijuana. D's role was to rent the RV because she was the one who had the driver's license. Other people paid the bill for the credit card she used to pay to rent the RV, as well as several personal bills of hers. She told the officer she did not know the identity of the person who paid her bills. D was convicted of conspiracy to commit possession of marijuana for sale, sale, or transportation of more than two pounds of marijuana, and possession of more than four pounds of marijuana for sale. D appealed.