BelarusianBulgarian This includes the court jurisdiction, process, FAQ, guides, resources, and a link to 8202(A). No. Although our implied consent statute, A.R.S. 2 CA in the second example means 7 In 2009, Espinoza initiated a Rule 32 proceeding seeking reversal of his 2004 conviction for failing to register. Like Arizonas appellate courts, a federal court of appeals will not set aside the district courts exercise of discretion unless it is DutchEnglish See 239 Ariz. 299, 2, 371 P.3d at 629. That July, Espinoza appeared before a different juvenile court judge on a petition to revoke his probation. 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. hbbd``b`$ jD0OcDd7 HLH<1f`bd2r?O % FinnishFrench 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. All Rights Reserved. See 8202(H) (itemizing subject matter over which adult court secures jurisdiction of offense committed by juvenile). NOT FOR PUBLICATION Each division of the court of appeals has a clerk of the court and other support personnel. 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). 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 Web, 513 F.2d 140, 146 (9th Cir. See State v. Chacon, 221 Ariz. 523, 5, 212 P.3d 861, 86364 (App.2009) (order or judgment void if issuing court lacked subject matter jurisdiction; challenge to subject matter jurisdiction may be raised at any time and can never be forfeited or waived ), quoting United States v. Cotton, 535 U.S. 625, 630, 122 S.Ct. See Restatement (Second) of Judgments 11 cmt. In that proceeding, he argued he was entitled to relief because he was actually innocent of the charge pursuant to Rule 32.1(h), a ground not automatically subject to preclusion for untimely filing. Again, Espinoza pleaded guilty and was sentenced to 2.5 years' imprisonment. 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Contact us. SlovenianSpanish This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. Contact us. 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. ThaiTurkish Rather, the phrase subject matter jurisdiction refers to a court's statutory or constitutional power to hear and determine a particular type of case. Id. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. 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. 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). The sole issue Navarro raises on appeal is whether the results of his warrantless breath test should have been suppressed in light of State v. Valenzuela, 239 Ariz. 299, 371 P.3d 627 (2016). KGE1*6H>PzX:6&_73o3lWp6FYf:!x@nA@} During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. 5 After Espinoza echoed his attorney's comments, the trial court asked, Are you sure? [Y]ou know, you were supposed to register? 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. 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. 4 At the sentencing hearing in March 2004, the state urged the trial court to sentence Espinoza to a presumptive term of imprisonment. 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. See Maldonado, 223 Ariz. 309, 1618, 223 P.3d at 65556; Restatement 11 cmt. The trial court found his claim precluded and, on review, we also denied relief. endstream endobj startxref Stay up-to-date with how the law affects your life. After a hearing, the juvenile No. Section 8202, A.R.S., which is entitled Jurisdiction of juvenile court, provides in pertinent part as follows: A. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. As the state points out, in addition to substantive offenses enumerated in A.R.S. 12-120.09. The court revoked his probation and committed him to the Arizona Department of Juvenile Corrections. Action No. This appeal followed. Please try again. Volunteer-AmeriCorps, Helpful Links [emailprotected] Your Service Educator Links Latin ALPHALatvian See A.R.S. 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. Webin the arizona court of appeals division two the state of arizona, appellee, v. angel noland jr., appellant. 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. No. 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. 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. Copyright 2023, Thomson Reuters. 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. 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). Haitian Creole ALPHAHebrew The email address cannot be subscribed. hUmo0+}@~KDx)-RM(\h$HPnI(EVmq#R~R( 4%HSDHHHNb 0xbJHfTG}4LaVmf7,-qvE1k:m-xtSgCGU;~q:0+QC[uWt6 VietnameseWelsh MalayMaltese Commission on Judicial Conduct Court of Appeals of Arizona,Division 2, Department A. 13118, the state has alleged, and the trier of fact has found, was committed for the purpose of sexual gratification. For the most part, the offenses specified involve kidnapping or unlawful restraint of a minor and certain sexual offenses found in chapters 13, 14, 32, and 35.1 of title 13 of the Arizona Revised Statutes. We agree and therefore affirm the trial court's ruling. 309 0 obj <> endobj See Ariz. R.Crim. In context, these notations conveyed the probation officer's erroneous assumption that Espinoza had a duty to so register because of that adjudication. WebArizona Court of Appeals. 28-1383(D), followed by concurrent five-year terms of probation. THE STATE OF ARIZONA v. JAVIER FRANCISCO NAVARRO. Self-Service Center Azerbaijani ALPHABasque ALPHA State Bar of Arizona And I have followed through. Court of Appeals of Arizona, Division 2. The court of appeals: Court of Appeals, Division One, has statewide responsibility for appeals from the Industrial Commission, unemployment compensation rulings of the Department of Economic Security, and rulings by the Tax Court. Stay up-to-date with how the law affects your life. WebCourt of Appeals. We may affirm the court's ruling if it is legally correct for any reason. 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. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. 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. 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. 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. We affirm for the reasons that follow. No. ArabicArmenian ALPHA A resident of Arizona and admitted to the practice of law in Arizona for the five years immediately prior to taking office. 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. No. 2 CA-CR 2019-0128 Decided: January 15, 2021 Vice Chief Judge Staring authored the opinion of the Court, in which Presiding Judge Espinosa and Judge Eckerstrom concurred. 1975)). 2. 1. SerbianSlovak 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. 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. 26 The above reasoning leads us to two pertinent conclusions. 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. 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). 35 For the foregoing reasons, we affirm the trial court's order dismissing the indictment against Espinoza. El Centro de Autoservicio, Contact Us 0 The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. no. 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. H. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either: 1. 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. LithuanianMacedonian Court of Appeals of Arizona, Division 2. 2 CA-CR 2022-0068 Filed April 27, 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.
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