Azerbaijani ALPHABasque ALPHA 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. 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.). 1781, 152 L.Ed.2d 860 (2002).1. Their duties are outlined in A.R.S. Contact us. CatalanChinese (Simplified) MalayMaltese Stay up-to-date with how the law affects your life. The results revealed that his blood alcohol concentration was above 0.15. 27 The record before us suggests the trial court believed its authority to order Espinoza to register as a sex offender arose not from his conviction for criminal damage but rather from Espinoza's prior juvenile adjudication for a sex offense. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. 2 We discuss only those facts relevant to the suppression ruling challenged on appeal. 133822 and 133824. No. WebWelcome to the Arizona Appellate Court Case website. 1 The minor in this appeal fired four shots into the air in a residential neighborhood located in Pima County, Arizona. Our highest court concluded in Bergmuch like the Supreme Court did in Birchfield, ___ U.S. at ___, 136 S. Ct. at 2184 that requiring a DUI arrestee to exhale into a testing device is a slight inconvenience that represents a burden which such defendant must bear for the common interest. Berg, 76 Ariz. at 103, 259 P.2d at 266; accord Campbell v. Superior Court, 106 Ariz. 542, 547, 479 P.2d 685, 690 (1971). WebJustia US Law Case Law Arizona Case Law Arizona Court of Appeals, Division One - Unpublished Opinions Decisions 2023 GOMEZ POOLS v. ARIZONA REGISTRAR GOMEZ POOLS v. ARIZONA REGISTRAR Annotate this Case Download PDF of 7 Terms of Service apply. ARIZONA COURT OF APPEALS DIVISION TWO 2 CA-CR 2022-0068 Filed April 27, NorwegianPersian See Restatement (Second) of Judgments 11 cmt. Accordingly, in analyzing whether a court has exceeded its jurisdiction, we are instructed to distinguish between those constitutional or statutory provisions that expressly set forth or limit the jurisdiction of a courtfrom those that merely direct how that jurisdiction should be exercised. 2 CA-CR 2022-0068 Filed April 27, 2023 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. 2 CACR 20100114PR, 45. AZ Court of Appeals Opinions and Cases | FindLaw And, as noted above, the court and the parties could not have been referring to the criminal damage offense as the trigger for Espinoza's duty to register because each clearly believed that any such duty pre-existed the sentence pronouncement for the adult felony conviction. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF 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. No. WebCourt Name: Arizona Court of Appeals, Division Two: Court Type: Court of Appeal: Address: 350 McAllister Street Room 1295, San Francisco, CA 94102: Phone: 520-628 NOT FOR PUBLICATION The state does not dispute that the juvenile court never ordered Espinoza to register as a sex offender. SwahiliSwedish We affirm for the reasons that follow. P., to challenge the terms of his probation. See Ariz. R.Crim. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. Each division of the court of appeals has a clerk of the court and other support personnel. 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. DutchEnglish WebArizona, 384 U.S. 436 (1966). Although our implied consent statute, A.R.S. JapaneseKorean Learn more about FindLaws newsletters, including our terms of use and privacy policy. Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. CR 2012-125141-002 The Honorable Michael W. Kemp, Judge REVIEW GRANTED; RELIEF The appeals process is generally the same for both civil and criminal cases. 133821(C). PolishPortuguese 15 We review a trial court's ruling on a motion to dismiss criminal charges for an abuse of discretion, but we review de novo questions of statutory interpretation. Lisa ABRAMS, Judge of the Superior Court of the State of Arizona, IN AND FOR the COUNTY OF PIMA, Respondent, The State of Arizona, Real Party in Interest. This site is protected by reCAPTCHA and the Google, Arizona Court of Appeals, Division Two - Unpublished Opinions, Arizona Court of Appeals, Division Two - Unpublished Opinions Decisions. Court of Appeals 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. See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. 1984). 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. 2 CA-SA 2022-0024 Decided: July 01, 2022 Self-Service Center Legal Associations Court of Appeals 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 No. 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. See State v. Payne, 223 Ariz. 555, 10, 223 P.3d 1131, 1136 (App.2009) (test of jurisdiction whether tribunal has power to enter upon inquiry, not whether conclusion of inquiry correct). We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. Appellate information for filing in an Arizona Court of Appeals - Division Two. 21 In Maldonado, the trial court had erroneously entered a judgment of guilt against a defendant who had never been properly charged. 7 In 2009, Espinoza initiated a Rule 32 proceeding seeking reversal of his 2004 conviction for failing to register. 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. See, e.g., Maldonado, 223 Ariz. 309, 18, 223 P.3d at 656. 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.. 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. No. It is divided into two divisions, with a total THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. %PDF-1.7 % WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF ORETTE TARIZ SHAYANA MORRIS, FKA ORETTE MANDEL, Petitioner/Appellant, and 23 That conclusion, however, does not end our inquiry. hb```f``f`a`Qg`@ rL r b00v0010:1.a(%PQQV_LaBSENT(-Oz SC[|M@mL;4)t~ At Espinoza's urging, the court further found he does not have to register as a sex offender in the future.. The juvenile is charged as an adult with an offense listed in 13501. 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. 5 After Espinoza echoed his attorney's comments, the trial court asked, Are you sure? [Y]ou know, you were supposed to register? 28 Apparently relying on the information in the presentence report, the prosecutor argued Espinoza would not succeed on probation, in part, because he had failed to comply with a duty to register. The trial court sentenced him to concurrent terms of four months' incarceration, pursuant to A.R.S. The juvenile court transfers jurisdiction pursuant to 8327. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. 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. See Davis v. United States, 564 U.S. 229, 231-32 (2011); State v. Bolt, 142 Ariz. 260, 267, 689 P.2d 519, 526 (1984). 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. Action No. Although that statute sets forth the circumstances under which a person may be required to register as a sex offender, it does not purport to address the jurisdiction of a superior court to hear and determine a particular type of case. Maldonado, 223 Ariz. 309, 14, 223 P.3d at 655. 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. So characterized, it would be merely a procedural error in the context of the court's appropriate jurisdictional authority to resolve an adult felony matter. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. bs%0c{^L4-\A Y 31 25 Therefore, the superior court that presided over Espinoza's 2004 adult conviction for criminal damage lacked the jurisdiction to add additional consequences to Espinoza's delinquency adjudication. ARIZONA 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. a (1982) (The authority of courts derives from constitutional provisions or from statutory provisions adopted in the exercise of a legislative authority, express or implied, to establish courts and to provide for their jurisdiction.); Maldonado, 223 Ariz. 309, 14, 223 P.3d at 655 ( [S]ubject matter jurisdiction refers to a court's statutory or constitutional power to hear and determine a particular type of case.). 2 CA-CR 2022-0068 Filed April 27, GalicianGeorgian ALPHA Careers They said that I have to do that, and I told him I got atforgot where I had to do that. Court Vacancies ArabicArmenian ALPHA National Center for State Courts ARIZONA Arizona Court of Appeals - Division 2 - AzCourtHelp 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. 133821(J), 133822(A), 133824. S 1 Following a jury trial, appellant Javier Navarro was convicted of four counts of aggravated driving under the influence of an intoxicant (DUI). 30 Given our review of the record, we must conclude the state was correct when it conceded during oral argument that the trial court believed it was building on something that had already occurred in juvenile court and that the court thought it was dealing with the juvenile matter when it issued the order. We therefore further conclude the court believed its authority to order Espinoza to register as a sex offender arose from his juvenile adjudication. See State v. Diaz, 223 Ariz. 358, 11, 224 P.3d 174, 176-77 (2010) (stating appellant must first establish error under any standard of appellate review). The court of appeals: hears and decides cases in three judge panels; has 2015), was controlling, adverse authority; the trial court thus declined his request for a suppression hearing. Court of Appeals - Arizona Judicial Branch 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. A resident of Arizona and admitted to the practice of law in Arizona for the five years immediately prior to taking office. 2 CACR 20100114PR (memorandum decision filed July 9, 2010). SlovenianSpanish See State v. Maldonado, 223 Ariz. 309, 1518, 223 P.3d 653, 65556 (2010) (concluding reasoning of two prior supreme court cases, which found jurisdictional error arising from mere procedural defects in charging process, no longer tenable); Marvin Johnson, P.C. 2 CA in the second example means 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. When Navarro filed his suppression motion below, he acknowledged that our now vacated decision in State v. Valenzuela, 237 Ariz. 307, 350 P.3d 811 (App. 8202(H)(1) and (2). 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. No. Latin ALPHALatvian 2 CACR 20110214. 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. FinnishFrench See A.R.S. Please try again. BelarusianBulgarian Court of Appeals of Arizona, Division 2. 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. 133821(D). No. 31 A judgment or order is void, and not merely voidable, if the court that entered it lacked jurisdiction to render the particular judgment or order entered. State v. Cramer, 192 Ariz. 150, 16, 962 P.2d 224, 227 (App.1998).6 Because the trial court that presided over Espinoza's 2004 adult conviction lacked jurisdiction to order Espinoza to register as a sex offender based on the previous delinquency adjudication, its order requiring him to register was void. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Like Arizonas appellate courts, a federal court of appeals will not set aside the district courts exercise of discretion unless it is 1975)). The STATE of Arizona, Appellee, v. Javier Rivera CABRERA, Appellant. Section 8202, A.R.S., which is entitled Jurisdiction of juvenile court, provides in pertinent part as follows: A. Career Opportunities 309 0 obj <> endobj The court revoked his probation and committed him to the Arizona Department of Juvenile Corrections. 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. You're all set! Espinoza pleaded guilty to criminal damage. 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.). State v. Espinoza, No. The court of appeals was established in 1965 as the first level of appeal up from superior court. Staff Login, Translate this Page: Arizona Revised Statutes WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. ANGEL NOLAND JR., Appellant. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. Feedback (There are filing fees in civil cases, but not for criminal cases.). You may contact the Clerk of the Court at (520) 628-6954. WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. State v. Caez, 202 Ariz. 133, 70, 42 P.3d 564, 586 (2002) (acknowledging suppression arguments are subject to appellate review even absent a pretrial motion to suppress). ThaiTurkish However, to the extent the trial court perceived its authority to enter the order as derived from Espinoza's juvenile adjudication for attempted child molestation, the superior court lacked jurisdiction to issue it. That judgment was therefore obtained in violation of article II, 30 of the Arizona Constitution, a provision that expressly bars felony prosecutions in the absence of an indictment or information. 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. 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. Volunteer-AmeriCorps, Helpful Links See State v. Smith, 228 Ariz. 126, 2, 263 P.3d 675, 676 (App. Contact us. 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). 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. Volunteer-CASA Appeals - Division Two of Arizona Court of Appeals - AzCourtHelp Site Map 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. 2 CA-CV 2022-0083-FC Filed April 25, 2023 Appeal from the Superior Court in Pima County No. No. 0 WebCourt of Appeals. 12-120.09. It lacked jurisdiction over the juvenile adjudication in its juvenile capacity because Espinoza had surpassed the age of eighteen. See 8202(H) (itemizing subject matter over which adult court secures jurisdiction of offense committed by juvenile). -- Select language -- 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. 2 CA-CR 2016-0020 As WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. Arizona Briefs Collection | Ross-Blakley Law Library See 239 Ariz. 299, 2, 371 P.3d at 629. SerbianSlovak 2 To address the arguments raised by the parties, we are required to begin at the beginning of Espinoza's criminal history, as it relates to sex offender registration. IcelandicIndonesian We assume trial courts know the law in the absence of evidence to the contrary. 2023 Arizona Supreme Court. 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. 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. In context, these notations conveyed the probation officer's erroneous assumption that Espinoza had a duty to so register because of that adjudication. Court of Appeals 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. You can explore additional available newsletters here. Espinoza maintained there had been no lawful order requiring him to register in 2004, because the juvenile court had not ordered him to register as a result of his delinquency adjudication, and the superior court's order requiring him to register as a condition of the probation imposed for criminal damage therefore was void and unenforceable.. In his reply brief, Navarro countered that article II, 8 of our state constitution can be interpreted to afford Arizona citizens more rights than the federal counterpart. We need not decide whether Navarro properly raised this state constitutional claim because we find no error in the trial court's refusal to suppress the evidence. Having been advised by both the probation officer and the prosecutor that Espinoza had failed to comply with a pre-existing duty to register as a sex offender, the trial court adopted that assumption. 7 Questions concerning the validity of Navarro's consent and the applicability of the good-faith exception are consequently irrelevant to the constitutional issue raised on appeal. 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. 28-1383(D), followed by concurrent five-year terms of probation. The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. The trial court found his claim precluded and, on review, we also denied relief. 2 CACR 20110066PR (memorandum decision filed June 16, 2011). 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. WebIN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. BRANDON STEPHEN LOPEZ, Petitioner. 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. ___ U.S. at ___, 136 S. Ct. at 2184. His attorneys failed to challenge either of these convictions in timely, of-right petitions for postconviction relief. 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. 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 . VietnameseWelsh 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. Around 2:00 p.m., he gave another Mirandized statement to police.
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