arizona court of appeals, division 2

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 5 These precedents foreclose the argument that article II, 8 of the Arizona Constitution provides greater privacy protection than the federal constitution with regard to DUI breath testing. GermanGreek 339 0 obj <>stream All rights reserved. WebIt has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). State v. Berg, 76 Ariz. 96, 103, 259 P.2d 261, 266 (1953), overruled on other grounds by State v. Pina, 94 Ariz. 243, 245, 383 P.2d 167, 168 (1963). WebClerk of the Court: Garye L. Vasquez (520) 628-6949: Chief Judge: Christopher P. Staring (520) 628-6947: Vice Chief Judge: Sean E. Brearcliffe (520) 628-6958: Judge: Peter J. 1 The minor in this appeal fired four shots into the air in a residential neighborhood located in Pima County, Arizona. The results revealed that his blood alcohol concentration was above 0.15. El Centro de Autoservicio, Contact Us 9 Although the trial court's determination that Espinoza had failed to comply with Rule 32.2(b) provided a sufficient basis to deny relief, we also rejected Espinoza's argument that the 2004 criminal damage probation order was void ab initio. FinnishFrench WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. ANGEL NOLAND JR., Appellant. 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. 3 In his opening brief, Navarro argued the warrantless breath test violated the Fourth Amendment because it was the product of coercion and involuntary consent. The state responded that the search was proper under the Supreme Court's recent decision in Birchfield v. North Dakota, ___ U.S. ___, 136 S. Ct. 2160 (2016), which we address below. 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. To the extent the 2004 order can be characterized as arising from the trial court's authority to impose sanctions upon Espinoza for his adult conviction for criminal damage, that orderhowever erroneous under 133821would not have been issued in excess of the court's jurisdiction. 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. EstonianFilipino GalicianGeorgian ALPHA Section 8202, A.R.S., which is entitled Jurisdiction of juvenile court, provides in pertinent part as follows: A. 32 A void judgment is a nullity and all proceedings founded on [a] void judgment are themselves regarded as invalid and ineffective for any purpose. See id. 2 CA-CR 2022-0068 Filed April 27, The official case record is maintained at the 7 In 2009, Espinoza initiated a Rule 32 proceeding seeking reversal of his 2004 conviction for failing to register. 10 While review of that post-conviction proceeding was pending, Espinoza filed a notice of post-conviction relief challenging his sentence in the 2004 criminal damage case, specifically the order requiring him to register as a sex offender as a condition of his probation. The court revoked his probation and committed him to the Arizona Department of Juvenile Corrections. See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. ThaiTurkish Please try again. [emailprotected] Your Service Again, Espinoza pleaded guilty and was sentenced to 2.5 years' imprisonment. 35 For the foregoing reasons, we affirm the trial court's order dismissing the indictment against Espinoza. 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 33 Accordingly, neither the trial court's original order compelling Espinoza to register as a sex offender nor Espinoza's two subsequent felony convictions for failing to abide by that order, support the indictment in the instant case. 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. 133821, persons convicted of specifically enumerated offenses are required to register as sex offenders in Arizona. 22 For this reason, we must reject Espinoza's specific contention that the trial court in 2004 acted in excess of its subject matter jurisdiction merely because that court erroneously imposed upon him a duty to register as a sex offender in contravention of statute, specifically 133821. Although our prior case law has established there is no abstract jurisdictional distinction created by a superior court's decision to divide itself into different administrative divisions, see Marvin Johnson, 184 Ariz. at 102, 907 P.2d at 71, our legislature has, in 8202, expressly set forth a specific, and jurisdictionally relevant, subcategory of the superior court called the juvenile court. 28-1383(D), followed by concurrent five-year terms of probation. 14 According to the state, the original superior court order requiring Espinoza to register as a condition of his probation, as well as the two convictions for registration violations that followed, all fell within the court's subject matter jurisdiction and therefore were not void ab initio, but voidable orders that could have been modified only on appeal or by proper and timely post-judgment motion. State v. Bryant, 219 Ariz. 514, 15, 200 P.3d 1011, 1015 (App.2008); see also State v. Cramer, 192 Ariz. 150, 16, 962 P.2d 224, 227 (App.1998) (A judgment that is voidable is binding and enforceable until it is reversed or vacated.). Yet, our supreme court held the court had not exceeded its subject matter jurisdiction in entering the judgment because article II, 30 did not by its terms address jurisdiction and because article VI, 14(4) of the Arizona Constitution specifically provides superior courts subject matter jurisdiction over felony criminal matters. The presentence report prepared for Espinoza's sentencing listed his prior adjudication for sexually molesting his younger half-sister, as reported by Espinoza, and noted that he had failed to register as a sex offender with the Arizona Department of Public Safety. KGE1*6H>PzX:6&_73o3lWp6FYf:!x@nA@} 11 In March 2011, Espinoza again was indicted for violating the requirements of sexual offender registration. %%EOF Webin the arizona court of appeals division two the state of arizona, appellee, v. angel noland jr., appellant. During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. No. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. All Rights Reserved. Decided: April 30, 2012 Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Appellant. See Ariz. R.Crim. See A.R.S. 2023 Arizona Supreme Court. NOT FOR PUBLICATION 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 THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. 2 CA in the second example means They said that I have to do that, and I told him I got atforgot where I had to do that. AfrikaansAlbanian *. No. DutchEnglish This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. S %PDF-1.7 % 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. His attorneys failed to challenge either of these convictions in timely, of-right petitions for postconviction relief. 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. It verbalized skepticism about Espinoza's assertion that he would be a good candidate for probation, specifically noting he was supposed to register and had failed to do so. 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. IcelandicIndonesian As an intermediate appellate court, we cannot disaffirm a decision of the Arizona Supreme Court on a matter under our state constitution, even if we believe the decision should be revisited. 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.). Around 2:00 p.m., he gave another Mirandized statement to police. And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. RomanianRussian no. Self-Service Center Examples: 1 CA-CV 95-0587; 2 CA-SA 89-338; 1 CA in the first example means Court of Appeals, Division 1 (Phoenix). No. Given that Espinoza had not yet been sentenced on the criminal damage offense, the prosecutor could not have been suggesting that Espinoza had failed to register for that offense. NorwegianPersian 12-120.09. This appeal followed. The court of appeals: hears and decides cases in three judge panels; has And you failed to do that, sir; do you understand that? Espinoza responded, Yes. After a hearing, the juvenile 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. 1 CA-CR 22-0581 PRPC FILED 4-27-2023 Petition for Review from the Superior Court in Maricopa County No. Division I; Division II; Superior Court; Justice Courts; City Courts; News & Info; Our Courts AZ; Guide to AZ Courts; Committees & Commissions. Arizona Revised Statutes Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. CzechDanish Privacy Notice The juvenile court transfers jurisdiction pursuant to 8327. JV132744, 188 Ariz. 180, 181, 933 P.2d 1248, 1249 (App.1996) (same).4 It likewise lacked jurisdiction in its adult-court capacity because the offense of attempted child molestation neither is itemized as an offense requiring adult prosecution under 13501, nor was jurisdiction for that offense transferred to the adult division pursuant to 8327. 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 E.V., a minor under 18 years of age, Petitioner, v. Hon. 2 CACR 20110214. Sign up for our free summaries and get the latest delivered directly to you. reasons for requesting an incomplete grade,

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