And I have talked about it. 1975)). Corp. v. City of Broken Arrow, 766 P.2d 344, 348 (Okla.1988). 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. We agree and therefore affirm the trial court's ruling. Court of Appeals - Arizona Judicial Branch Stay up-to-date with how the law affects your life. Human Resources, Volunteer 26 The above reasoning leads us to two pertinent conclusions. 2. %%EOF Arizona Judicial Branch > AZ Courts > Court of Appeals > Division II P. 32.2(b), 32.4(a). ARIZONA 17 In addition to the registration mandated upon conviction for one of the offenses identified in 133821(A), a sentencing court may, in its discretion, require lifelong, sex offender registration of a defendant convicted of any sexual offense or child sexual exploitation offense found in chapter 14 or 35.1 of title 13, or of any offense which, pursuant to A.R.S. That court has original jurisdiction over all delinquency matters. 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. DutchEnglish 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. a, b. 323 0 obj <>/Filter/FlateDecode/ID[]/Index[309 31]/Info 308 0 R/Length 75/Prev 164627/Root 310 0 R/Size 340/Type/XRef/W[1 2 1]>>stream 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. Court of Appeals of Arizona, Division 2. 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. 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. Their duties are outlined in A.R.S. See 239 Ariz. 299, 2, 371 P.3d at 629. 20 In determining whether a challenge to a court's power to act on a specific matter sounds as a jurisdictional question, we begin with the premise that our respective state courts have no threshold jurisdiction to hear and determine any type of case unless expressly authorized to do so by Arizona's constitution or by statute. Arizona Revised Statutes 2 CA-CR 2022-0068 Filed April 27, ARIZONA COURT OF APPEALS The trial court sentenced him to concurrent terms of four months' incarceration, pursuant to A.R.S. 12-120.09. WebCourt of Appeals. A resident of Arizona and admitted to the practice of law in Arizona for the five years immediately prior to taking office. Each division of the court of appeals has a clerk of the court and other support personnel. 2011).1 Navarro was arrested for DUI on February 15, 2015. 11 In March 2011, Espinoza again was indicted for violating the requirements of sexual offender registration. AZ Court of Appeals Opinions and Cases | FindLaw Please try again. 29 At the same time, nothing in the record supports that the trial court believed the criminal damage conviction authorized it to impose on Espinoza any threshold duty to register. 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. 6 In August 2004, based on the erroneous trial court order, Espinoza was charged with failing to register as a sex offender and, after pleading guilty, was sentenced to a prison term of 2.5 years. Career Opportunities IrishItalian We assume trial courts know the law in the absence of evidence to the contrary. The court of appeals was established in 1965 as the first level of appeal up from superior court. Court of Appeals of Arizona, Division 2. 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. 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. AZ Court of Appeals Opinions and Cases | FindLaw All rights reserved. Arizona Court of Appeals - Division 2 - AzCourtHelp 8202(H)(1) and (2). Division I; Division II; Superior Court; Justice Courts; City Courts; News & Info; Our Courts AZ; Guide to AZ Courts; Committees & Commissions. 4 At the sentencing hearing in March 2004, the state urged the trial court to sentence Espinoza to a presumptive term of imprisonment. 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. I will do that if I get probation. The court suspended the imposition of sentence and placed Espinoza on three years' probation, specifying as a condition of probation that he register as a sex offender immediately upon his release from custody (hereinafter the 2004 order). 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). The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. CT - Court of Appeals - Division II | AZ Direct - Arizona 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. Volunteer-FCRB RomanianRussian Arizona Court of Appeals - Ballotpedia E.V., a minor under 18 years of age, Petitioner, v. Hon. 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. 4 Under the Fourth Amendment to the United States Constitution, suppression was not required here because, as Birchfield held, a warrantless breath test is allowed as a search incident to a lawful DUI arrest. Court of Appeals Division One - Arizona 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.. THE STATE OF ARIZONA v. JAVIER FRANCISCO NAVARRO. FinnishFrench You already receive all suggested Justia Opinion Summary Newsletters. 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. 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. It lacked jurisdiction over the juvenile adjudication in its juvenile capacity because Espinoza had surpassed the age of eighteen. See, e.g., Maldonado, 223 Ariz. 309, 18, 223 P.3d at 656. 2 CA in the second example means You're all set! 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. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. And you failed to do that, sir; do you understand that? Espinoza responded, Yes. Get free summaries of new Arizona Court of Appeals, Division Two - Unpublished Opinions opinions delivered to your inbox! Volunteer-AmeriCorps, Helpful Links Around 2:00 p.m., he gave another Mirandized statement to police. Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. hUmo0+}@~KDx)-RM(\h$HPnI(EVmq#R~R( 4%HSDHHHNb 0xbJHfTG}4LaVmf7,-qvE1k:m-xtSgCGU;~q:0+QC[uWt6 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. The official case record is maintained at the Learn more about FindLaws newsletters, including our terms of use and privacy policy. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 133821(A)(1)(18), (20)-(21).2. 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. 1781, 152 L.Ed.2d 860 (2002).1. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. No. 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). 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. IN THE ARIZONA COURT OF APPEALS - cases.justia.com IN THE ARIZONA COURT OF APPEALS - cases.justia.com 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.. ARIZONA %PDF-1.7 % Educator Links Cf. After a hearing, the juvenile Our supreme court denied further review. 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). 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. 35 For the foregoing reasons, we affirm the trial court's order dismissing the indictment against Espinoza. By the terms of that jurisdiction-defining statute, the adult divisions of the superior court only acquire jurisdiction over those acts committed by a juvenile that are charged as offenses listed in A.R.S. 2 We discuss only those facts relevant to the suppression ruling challenged on appeal. STATE OF ARIZONA v. DAMON CYRUS LEWIS :: 2023 Staff Login, Translate this Page: A clerk of the court maintains official records and case files and handles the administrative duties of the court. 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 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. The results revealed that his blood alcohol concentration was above 0.15. The email address cannot be subscribed. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. Maldonado, 223 Ariz. 309, 1921, 223 P.3d at 657. Because this distinct legal question is not properly before us, we do not address it. 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). Home [apps.supremecourt.az.gov] 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. 0 Appellate information for filing in an Arizona Court of Appeals - Division Two. 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 ONE STATE OF ARIZONA, Respondent, v. BRANDON STEPHEN LOPEZ, Petitioner. Chinese (Traditional)Croatian Because no hearing was held in this case, we draw our facts from the uncontested material appended to Navarro's suppression motion as well as the evidence presented at trial. NOT FOR PUBLICATION See 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 STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. 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. 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-CR 2022-0068 Filed April 27, [emailprotected] Your Service Self-Service Center Shortly after noon, defendant was given his Miranda warnings and he gave a statement. Criminal damage neither is listed among the offenses that trigger potential sex offender registration nor was any evidence presented suggesting that Espinoza had committed the offense for sexual gratification. P. 32.4(a) (first notice of post-conviction relief in of-right proceeding must be filed within ninety days after the entry of judgment and sentence). \*+JIVM The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. 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. 34 When we encounter questions of subject matter jurisdiction raised for the first time long after a judgment has been entered, we enter an arena of the law where the competing values of validity and finality in judgments come into inevitable conflict. 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.
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