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. 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. See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. Court of Appeals NOT FOR PUBLICATION WITHOUT THE APPROVAL OF 11 In March 2011, Espinoza again was indicted for violating the requirements of sexual offender registration. The court's dismissal was based on its conclusion that the superior court had lacked jurisdiction when, in 2004, it ordered Espinoza to register as a condition of his probation and that the order therefore was void. Interpreters 2015), was controlling, adverse authority; the trial court thus declined his request for a suppression hearing. 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. The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. WebThe court and its employees are not liable for any inaccurate or untimely information, or for misinterpretation or misuse of the data. Home [apps.supremecourt.az.gov] His attorneys failed to challenge either of these convictions in timely, of-right petitions for postconviction relief. VietnameseWelsh 4 At the sentencing hearing in March 2004, the state urged the trial court to sentence Espinoza to a presumptive term of imprisonment. 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. 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. 2 CA-CV 2022-0083-FC Filed April 25, 2023 Appeal from the Superior Court in Pima County No. See Restatement (Second) of Judgments 11 cmt. Maldonado, 223 Ariz. 309, 1921, 223 P.3d at 657. No. NorwegianPersian At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. As the state points out, in addition to substantive offenses enumerated in A.R.S. ___ U.S. at ___, 136 S. Ct. at 2184. No. Shortly after noon, defendant was given his Miranda warnings and he gave a statement. 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. 1975)). Our supreme court denied further review. 16 Pursuant to A.R.S. AfrikaansAlbanian You can explore additional available newsletters here. 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. 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. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. 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. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. 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. 2023 Arizona Supreme Court. 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. 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. The Court of Appeals has jurisdiction to consider appeals in civil cases, including juvenile and domestic relations matters, from the Arizona Superior Court. The court also reviews workers compensation and unemployment benefits decisions, tax court decisions, and certain corporation commission decisions. 2 CA-CR 2022-0134 Filed April 28, 2023 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. 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). After a hearing, the juvenile That July, Espinoza appeared before a different juvenile court judge on a petition to revoke his probation. Azerbaijani ALPHABasque ALPHA Staff Login, Translate this Page: \*+JIVM 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. 133821(A)(1)(18), (20)-(21).2. MalayMaltese 2 CA-CR 2022-0068 Filed April 27, 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. Because this distinct legal question is not properly before us, we do not address it. 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. Webin the arizona court of appeals division two the state of arizona, appellee, v. angel noland jr., appellant. Court of Appeals of Arizona, Division 2. 8327. 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. 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). Action No. P. 32.2(b), 32.4(a). %PDF-1.7 % The trial court summarily denied Navarro's motion to suppress this evidence and, in January 2016, entered the judgment and sentence. Learn more about FindLaws newsletters, including our terms of use and privacy policy. DutchEnglish UkrainianUrdu ALPHA ARIZONA 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. 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. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. Although our implied consent statute, A.R.S. The court of appeals: hears and decides cases in three judge panels; has WebArizona, 384 U.S. 436 (1966). And you failed to do that, sir; do you understand that? Espinoza responded, Yes. Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. Arizona Briefs Collection | Ross-Blakley Law Library STATE OF ARIZONA v. DAMON CYRUS LEWIS :: 2023 The STATE of Arizona, Appellee, v. Javier Rivera CABRERA, Appellant. Chinese (Traditional)Croatian Court Vacancies Volunteer-AmeriCorps, Helpful Links We may affirm the court's ruling if it is legally correct for any reason. 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 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.. That court has original jurisdiction over all delinquency matters. 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). Educator Links 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. Learn more about FindLaws newsletters, including our terms of use and privacy policy. reviews all decisions properly appealed to it. Court of Appeals of Arizona, Division 2. And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. See Ariz. R.Crim. This includes the court jurisdiction, process, FAQ, guides, resources, and a link to 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. See 239 Ariz. 299, 2, 371 P.3d at 629. WebIt has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). endstream endobj startxref ThaiTurkish National Center for State Courts Please try again. WebCourt of Appeals. 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). You already receive all suggested Justia Opinion Summary Newsletters. 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. CT - Court of Appeals - Division II | AZ Direct - Arizona 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). 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. 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. Their duties are outlined in A.R.S. State v. Williams, 220 Ariz. 331, 9, 206 P.3d 780, 783 (App .2008).5 As discussed, the law is unambiguous that the offense of criminal damage is not a predicate offense for requiring sex offender registration. 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. H. Persons who are under eighteen years of age shall be prosecuted in the same manner as adults if either: 1. During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. Arizona Court of Appeals - Division 2 - AzCourtHelp 2 CACR 20100114PR, 45. 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. 12-120.09. 21 In Maldonado, the trial court had erroneously entered a judgment of guilt against a defendant who had never been properly charged. 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. See Maldonado, 223 Ariz. 309, 1618, 223 P.3d at 65556; Restatement 11 cmt. Court of Appeals - Arizona Judicial Branch 133822 and 133824. Copyright 2023, Thomson Reuters. The email address cannot be subscribed. Site Map 13118, the state has alleged, and the trier of fact has found, was committed for the purpose of sexual gratification. Corp. v. City of Broken Arrow, 766 P.2d 344, 348 (Okla.1988). 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. no. WebIN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. BRANDON STEPHEN LOPEZ, Petitioner. Arizona Revised Statutes Division Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. You may contact the Clerk of the Court at (520) 628-6954. Division Two hears appeals from final decisions of the Superior Court in the counties of Pima, Pinal, Cochise, Santa Cruz, Greenlee, Graham, and Gila. P., to challenge the terms of his probation. ARIZONA 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 The trial court found his claim precluded and, on review, we also denied relief. Arizona Court of Appeals - Division 2 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Legal Reference & Links S The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. 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 a, b. Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. 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. 23 That conclusion, however, does not end our inquiry. *. 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. The court of appeals was established in 1965 as the first level of appeal up from superior court. All rights reserved. LithuanianMacedonian At Espinoza's urging, the court further found he does not have to register as a sex offender in the future.. hbbd``b`$ jD0OcDd7 HLH<1f`bd2r?O % 35 For the foregoing reasons, we affirm the trial court's order dismissing the indictment against Espinoza. The official case record is maintained at the Each division of the court of appeals has a clerk of the court and other support personnel. It is divided into two divisions, with a total WebCourt of Appeals. It is mere happenstance that the breach occurred in an individual case where the equities of finality and validity weigh so heavily in favor of voiding the judgment. Like Arizonas appellate courts, a federal court of appeals will not set aside the district courts exercise of discretion unless it is Volunteer-FCRB 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. See Sell v. Gama, 231 Ariz. 323, 31, 295 P.3d 421, 428 (2013); State v. Albe, 148 Ariz. 87, 89, 713 P.2d 288, 290 (App. See State v. Smith, 228 Ariz. 126, 2, 263 P.3d 675, 676 (App. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF ORETTE TARIZ SHAYANA MORRIS, FKA ORETTE MANDEL, Petitioner/Appellant, and Arizona Court of Appeals See A.R.S. WebArizona Court of Appeals. Arizona Judicial Branch > AZ Courts > Court of Appeals > Division II Appeals - Division Two of Arizona Court of Appeals - AzCourtHelp Haitian Creole ALPHAHebrew 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. IN THE ARIZONA COURT OF APPEALS - cases.justia.com 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. 2 CA-SA 2022-0024 Decided: July 01, 2022 2 We discuss only those facts relevant to the suppression ruling challenged on appeal. (There are filing fees in civil cases, but not for criminal cases.). 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. hb```f``f`a`Qg`@ rL r b00v0010:1.a(%PQQV_LaBSENT(-Oz SC[|M@mL;4)t~ Division I; Division II; Superior Court; Justice Courts; City Courts; News & Info; Our Courts AZ; Guide to AZ Courts; Committees & Commissions. 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. THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. And I have followed through. 12, 962 P.2d 224, quoting 46 Am.Jur.2d Judgments 31 (1994);7 accord Valley Vista Dev. 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. NOT FOR PUBLICATION See 8202(H) (itemizing subject matter over which adult court secures jurisdiction of offense committed by juvenile). 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. 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 NOT FOR PUBLICATION See 133821(C). IN THE ARIZONA COURT OF APPEALS - cases.justia.com 339 0 obj <>stream 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.). 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. 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. Again, Espinoza pleaded guilty and was sentenced to 2.5 years' imprisonment. 1 CA-CR 22-0581 PRPC FILED 4-27-2023 Petition for Review from the Superior Court in Maricopa County 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. Yiddish 28-1383(D), followed by concurrent five-year terms of probation. 2 CA-CR 2016-0020 As ARIZONA COURT OF APPEALS RomanianRussian You're all set! 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. Copyright 2023, Thomson Reuters. 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.). ARIZONA COURT OF APPEALS DIVISION TWO CONCURRING: JOSEPH W. HOWARD, Chief Judge and J. WILLIAM BRAMMER, JR., Judge. Section 8202, A.R.S., which is entitled Jurisdiction of juvenile court, provides in pertinent part as follows: A. As both the Restatement of Judgments and our supreme court have acknowledged, the law of jurisdiction often has been directed and distorted by the comparative weight of those values in the individual case. Feedback We affirm for the reasons that follow. The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. 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. STATE OF ARIZONA v. ANGEL NOLAND, JR. :: 2023 :: 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). We agree and therefore affirm the trial court's ruling. Court of Appeals Division One - Arizona Get free summaries of new Arizona Court of Appeals, Division Two - Unpublished Opinions opinions delivered to your inbox! 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. 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. Decided: April 30, 2012 Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Appellant.
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