arizona court of appeals, division 2

That court has original jurisdiction over all delinquency matters. Division No. In short, the court, counsel for the state, and counsel for Espinoza all erroneously relied on the probation officer's inaccurate assumption that the juvenile court previously had imposed on Espinoza a duty to register as a sex offender. 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. Privacy Notice 2 CACR 20110214. WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. See Restatement (Second) of Judgments 11 cmt. Upon hearing the erroneous admonition that he was required by law to submit to blood or breath testing, Navarro agreed to submit to a breath test. Valenzuela is distinguishable insofar as that case involved not a breath test but a warrantless blood test, the results of which were inadmissible absent either voluntary consent or the good-faith exception. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. The email address cannot be subscribed. Court of Appeals of Arizona, Division 2. Those consequences were set forth by a juvenile court more than six years earlier and no longer could be modified after Espinoza's eighteenth birthday in March 2002. P., to challenge the terms of his probation. endstream endobj startxref Human Resources, Volunteer Please try again. 13118, the state has alleged, and the trier of fact has found, was committed for the purpose of sexual gratification. LithuanianMacedonian Espinoza pleaded guilty to criminal damage. FinnishFrench 2015), was controlling, adverse authority; the trial court thus declined his request for a suppression hearing. Copyright 2023, Thomson Reuters. Court of Appeals of Arizona, Division 2. OPINION. Contact us. The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. The court of appeals was established in 1965 as the first level of appeal up from superior court. It has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). We assume trial courts know the law in the absence of evidence to the contrary. No. The juvenile court deferred a determination of whether Espinoza would be required to register as a sex offender and struck language requiring registration from the conditions of his probation, stating, If the minor successfully completes probation, he will not be required to register as a sex offender. However, the court did not state that it would necessarily order him to so register if he failed on probation. See 8202(H) (itemizing subject matter over which adult court secures jurisdiction of offense committed by juvenile). See State v. Bolton, 182 Ariz. 290, 298, 896 P.2d 830, 838 (1995) ( Failure to argue a claim on appeal constitutes waiver of that claim.). 133821(A) that trigger a duty to register as a sex offender, 133821(A)(19) also imposes a duty to register if a defendant is convicted of violating the registration procedures set forth in A.R.S. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 3 In 2003, when Espinoza was nineteen, he was indicted for burglary after he broke into a car and stole the vehicle's stereo speakers. No. Noting that Espinoza had missed appointments with the probation department and had failed to register, the state argued he was not likely to succeed on probation. \*+JIVM In short, the legislature has created a jurisdictional boundary, based primarily on the subject matter of the dispute (here, the type of offense), between a superior court acting in its capacity as a juvenile court and a superior court acting in its capacity as an adult court.3. hb```f``f`a`Qg`@ rL r b00v0010:1.a(%PQQV_LaBSENT(-Oz SC[|M@mL;4)t~ 133821(C). You're all set! Espinoza filed a Motion to Dismiss Indictment with Prejudice as Insufficient as a Matter of Law, in which he argued he was never legally ordered to register as a sex offender by any court and therefore could not be found guilty of having failed to comply with registration requirements. With respect to the analogous article II, 8 of the Arizona Constitution,2 our own supreme court has long recognized that a search incident to a lawful arrest does not require any warrant, Argetakis v. State, 24 Ariz. 599, 606, 608-09, 212 P. 372, 374-75 (1923), and that non-invasive breath tests for DUI arrestees fall within this exception. 1 In this appeal, the state challenges the trial court's order dismissing with prejudice the indictment against appellee Jaime Espinoza for failure to register as a sex offender. But, as explained below, there is a concrete jurisdictional boundary, expressly set forth by our legislature, between a superior court addressing felony charges in its adult jurisdiction and when it addresses juvenile delinquency in its capacity as a juvenile court. 133822 and 133824. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. This appeal followed. 24 Applying those principles to the case before us, we must conclude that, when the superior court issued the 2004 order, it lacked subject matter jurisdiction over Espinoza's juvenile adjudication for attempted child molestation in either its juvenileor adult-court capacity. 28-1383(D), followed by concurrent five-year terms of probation. State v. Aguilar, 218 Ariz. 25, 22, 178 P.3d 497, 503 (App.2008); see also State v. Caez, 202 Ariz. 133, 51, 42 P.3d 564, 582 (2002) ([W]e are obliged to uphold the trial court's ruling if legally correct for any reason.); State v. Wills, 177 Ariz. 592, 594, 870 P.2d 410, 412 (App.1993) (reviewing court may affirm summary dismissal with prejudice when record demonstrably require[s] it). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. v. Myers, 184 Ariz. 98, 10102, 907 P.2d 67, 7071 (1995) (noting imprecise use of jurisdictional language in cases involving non-jurisdictional error). Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. Careers See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. But, as our supreme court has explained, this does not mean all judgments or orders in violation of either our state's constitution or statutory provisions implicate the jurisdiction of the court to issue them. See Maldonado, 223 Ariz. 309, 1618, 223 P.3d at 65556; Restatement 11 cmt. Each division of the court of appeals has a clerk of the court and other support personnel. All Rights Reserved. Chinese (Traditional)Croatian 8202(A). The state does not dispute that the juvenile court never ordered Espinoza to register as a sex offender. WebCourt of Appeals. THE STATE OF ARIZONA v. JAVIER FRANCISCO NAVARRO. See Ariz. R.Crim. Examples: 1 CA-CV 95-0587; 2 CA-SA 89-338; 1 CA in the first example means Court of Appeals, Division 1 (Phoenix). After a hearing, the juvenile In context, the record is clear that (1) the court believed Espinoza had a duty to register as a sex offender predating and unrelated to his criminal damage conviction, (2) the presentence report, which the court read, contained the only information before it indicating he had a pre-existing duty to register, and (3) the presentence report indicated that duty had arisen from the juvenile adjudication for a sexual offense. 2 CA in the second example means At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. (There are filing fees in civil cases, but not for criminal cases.). 11 In March 2011, Espinoza again was indicted for violating the requirements of sexual offender registration. The trial court summarily denied Navarro's motion to suppress this evidence and, in January 2016, entered the judgment and sentence. Specifically, the state charged him with failing to give notice of a change of name or address and failing to obtain a valid nonoperating identification license or driver license. Sign up for our free summaries and get the latest delivered directly to you. 309 0 obj <> endobj 133821(A)(1)(18), (20)-(21).2. WebWelcome to the Arizona Appellate Court Case website. Under the rule, [t]he court must exclude from a criminal trial any evidence obtained in violation of the Fourth Amendment and article 2, section 8, unless the good-faith exception to the exclusionary rule applies. State v. Peoples, ___ Ariz. ___, 9, 378 P.3d 421, 424 (2016). 1990). National Center for State Courts In response, Espinoza maintains the superior court lacked jurisdiction when it ordered him to register as a condition of his probation for criminal damage and, therefore, that order and any further orders based upon it were void ab initio and subject to challenge even after they became final. The trial court in the instant case did not err in finding the original order void or in concluding Espinoza not only has no duty to register as a sex offender in the future, but never has had such a duty. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. AfrikaansAlbanian SlovenianSpanish P. 32.2(b), 32.4(a). The juvenile court transfers jurisdiction pursuant to 8327. Web(206) 309-5013 Criminal Law, Domestic Violence, Juvenile Law Kirk Bernard PREMIUM (206) 298-9900 Seattle, WA Personal Injury, Business Law Laurie G. Robertson PREMIUM (844) 923-2645 Seattle, WA Divorce, Estate Planning, Family Law Carrie Fulton-Brown PREMIUM (206) 309-5013 Seattle, WA WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF ORETTE TARIZ SHAYANA MORRIS, FKA ORETTE MANDEL, Petitioner/Appellant, and 12-120.09. 339 0 obj <>stream endstream endobj 310 0 obj <>/Metadata 76 0 R/Pages 307 0 R/StructTreeRoot 112 0 R/Type/Catalog/ViewerPreferences 324 0 R>> endobj 311 0 obj <>/MediaBox[0 0 612 792]/Parent 307 0 R/Resources<>/Font<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 312 0 obj <>stream See A.R.S. 19 In analyzing the 2004 order, we are mindful that not all legal errors are jurisdictional errors and that Arizona courts have, on occasion, conflated the two. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. And I have talked about it. Arizona Revised Statutes CORP Website 8 The trial court summarily denied relief, citing Espinoza's failure to comply with Rule 32.2(b), which requires summary dismissal of an untimely notice of post-conviction relief that fails to include meritorious reasons why the claim was not stated in a timely manner. As the court noted, notwithstanding Espinoza's blanket statement that Rule 32 permits an untimely claim of actual innocence, neither Espinoza's notice nor his petition for relief set forth the reasons why the claim was not filed in a timely manner [and] has taken over four years to file. In addition to its summary denial, the court concluded Espinoza's claims lacked merit, finding Espinoza could not use the instant petition to challenge a condition of probation ordered in a separate cause number and noting he had acknowledged in a change-of-plea hearing that he had an affirmative duty to register and had not done so. On review of the trial court's ruling, we found no abuse of discretion and denied relief. See State v. Smith, 228 Ariz. 126, 2, 263 P.3d 675, 676 (App. 26 The above reasoning leads us to two pertinent conclusions. All rights reserved. hears and decides cases in three judge panels; has jurisdiction in all matters properly appealed from superior court; and. 2 We discuss only those facts relevant to the suppression ruling challenged on appeal. WebARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF ORETTE TARIZ SHAYANA MORRIS, FKA ORETTE MANDEL, Petitioner/Appellant, and CHRISTOPHER MANDEL, Respondent/Appellee. 8327. 2 CA-SA 2022-0024 Decided: July 01, 2022 Action No. Yiddish ___ U.S. at ___, 136 S. Ct. at 2184. ThaiTurkish Because the warrantless breath test to which Navarro submitted did not violate any provision of the United States or Arizona Constitutions, according to our highest respective courts, the exclusionary rule is inapplicable to this case.3. Volunteer-AmeriCorps, Helpful Links In February 1997, then twelve-year-old Espinoza was adjudicated delinquent for attempted molestation of a child and other charges and placed on juvenile intensive probation for twelve months. You can explore additional available newsletters here. Court of Appeals of Arizona, Division 2. 2. bs%0c{^L4-\A Y 31 The Arizona Court of Appeals is the intermediate appellate court for the state of Arizona. It is divided into two divisions, with a total of twenty-eight judges on the court: nineteen in Division 1, based in Phoenix, and nine in Division 2, based in Tucson . 1781, 152 L.Ed.2d 860 (2002).1. Cf. And I have followed through. JapaneseKorean State Bar of Arizona Although 133821 is silent on the question of whether the trial court had jurisdiction to enter the 2004 order, the legislature has not been similarly mute on the nature of a superior court's subject matter jurisdiction over matters of juvenile delinquency. 2. 12 After a hearing, the trial court granted the motion, finding the Juvenile Court never ordered the defendant to register as a sex offender and [the] Superior Court then did not have jurisdiction to order that the defendant register as a sex offender in the 2004 criminal damage probation order, because such a requirement was a matter only to be determined by the Juvenile Court. Having concluded the superior court had been without jurisdiction to order Espinoza to register as a condition of his probation, the court further found that order void and dismissed the indictment against Espinoza with prejudice. 6 The exclusionary rule is, in essence, judge-made law designed to vindicate the constitutional right to privacy as embodied in the Fourth [A]mendment [] to the Constitution of the United States and in article 2 section[] 8 of the Arizona Constitution. State v. Coates, 165 Ariz. 154, 157, 797 P.2d 693, 696 (App. WebJustia US Law Case Law Arizona Case Law Arizona Court of Appeals, Division One - Unpublished Opinions Decisions 2023 GOMEZ POOLS v. ARIZONA REGISTRAR GOMEZ POOLS v. ARIZONA REGISTRAR Annotate this Case Download PDF of 7 Terms of Service apply. 28-1321(B), (D), normally prohibits law enforcement officers from collecting samples for chemical testing in the absence of either actual consent or a search warrant, Navarro has not developed any argument that a violation of this statute requires the suppression of evidence in a criminal trial. NOT FOR PUBLICATION Espinoza's convictions in 2004 and 2008 for failing to register as a sex offender were founded entirely on Espinoza's violation of the void 2004 criminal damage probation order; therefore, those convictions are likewise invalid and ineffective for any purpose . Cramer, 192 Ariz. 150, 16, 962 P.2d at 227, quoting 46 Am.Jur.2d Judgments 31.8. e, 12 cmt. State v. Espinoza, No. 2 CACR 20110066PR (memorandum decision filed June 16, 2011). Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. G. Except as otherwise provided by law, jurisdiction of a child that is obtained by the juvenile court in a proceeding under this chapter shall be retained by it, for the purposes of implementing the orders made and filed in that proceeding, until the child becomes eighteen years of age, unless terminated by order of the court before the child's eighteenth birthday. Staff Login, Translate this Page: The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. Juv. 8 For the foregoing reasons, the convictions and sentences are affirmed. 8202(H)(1) and (2). Espinoza's counsel asked the court to give his client one more chance to follow through, suggesting, Perhaps if you give him one shot at probation [and] give him directions he would be motivated to succeed. See 8202(G) (jurisdiction of juvenile court retained only until child becomes eighteen years of age); see also In re Maricopa Cnty. In the presentence report, a probation officer informed the trial court of Espinoza's adjudication of delinquency and added, A review of the Arizona Department of Public Safety records indicates the defendant never registered as a juvenile sex offender.. Stay up-to-date with how the law affects your life. -- Select language -- WebArizona Court of Appeals - Division 2 400 West Congress Street Tucson,Arizona United States 85701 520-628-6954 Mon-Fri 8:00am to 5:00pm Contact This court hears appeals from the Superior Court in the following counties: Cochise, Gila, Graham, Greenlee, Pima, Pinal, Santa Cruz Contact Information Phone #520-628-6954 And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. 5 After Espinoza echoed his attorney's comments, the trial court asked, Are you sure? [Y]ou know, you were supposed to register? 18 However, a superior court may require a juvenile who has been adjudicated delinquent for an act that would constitute an offense specified in either 133821(A) or (C) to register as a sex offender. We therefore agree with the trial court that the superior court judge who presided over Espinoza's adult criminal damage conviction and sentencing proceedings, lacked subject matter jurisdiction to issue the order requiring Espinoza to register as a sex offender. They said that I have to do that, and I told him I got atforgot where I had to do that. As the state concedes, Espinoza's 2004 conviction for criminal damage would not authorize a trial court, under any of these provisions, to order him to register as a sex offender. WebThe court and its employees are not liable for any inaccurate or untimely information, or for misinterpretation or misuse of the data. Interpreters WebArizona Court of Appeals - Division 2 400 West Congress Street Tucson,Arizona United States 85701 520-628-6954 Mon-Fri 8:00am to 5:00pm Contact This court hears

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