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). 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. All rights reserved. %PDF-1.7 % 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. Please try again. 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. reviews all decisions properly appealed to it. Staff Login, Translate this Page: State v. Espinoza, No. The email address cannot be subscribed. A clerk of the court maintains official records and case files and handles the administrative duties of the court. 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. 2 ca-cr 2022-0134 filed april 28, 2023 this decision does not create WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. 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. no. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. We assume trial courts know the law in the absence of evidence to the contrary. 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. SlovenianSpanish State v. Mangum, 214 Ariz. 165, 6, 150 P.3d 252, 254 (App.2007); State v. Kuntz, 209 Ariz. 276, 5, 100 P.3d 26, 28 (App.2004) (Whether the trial court properly applied 133821(A) is a question of law that we review de novo.). Contact us. 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. Human Resources, Volunteer 133822 and 133824. e, 12 cmt. 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. Espinoza's counsel requested directions from the court concerning what Espinoza was required to do on probation. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. That court has original jurisdiction over all delinquency matters. Shortly after noon, defendant was given his Miranda warnings and he gave a statement. (There are filing fees in civil cases, but not for criminal cases.). 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. WebCourt of Appeals. Court Vacancies WebCourt of Appeals. Volunteer-CASA 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). 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. CONCURRING: JOSEPH W. HOWARD, Chief Judge and J. WILLIAM BRAMMER, JR., Judge. The appeals process is generally the same for both civil and criminal cases. 7 In 2009, Espinoza initiated a Rule 32 proceeding seeking reversal of his 2004 conviction for failing to register. The state does not dispute that the juvenile court never ordered Espinoza to register as a sex offender. 8202(A). Their duties are outlined in A.R.S. See State v. Smith, 228 Ariz. 126, 2, 263 P.3d 675, 676 (App. hUmo0+}@~KDx)-RM(\h$HPnI(EVmq#R~R( 4%HSDHHHNb 0xbJHfTG}4LaVmf7,-qvE1k:m-xtSgCGU;~q:0+QC[uWt6 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. Privacy Notice His attorneys failed to challenge either of these convictions in timely, of-right petitions for postconviction relief. 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. 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. This rule exists, in short, to deter unconstitutional police conduct. Although our implied consent statute, A.R.S. See Restatement (Second) of Judgments 11 cmt. 14, 223 P.3d 653. 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. See 8202(G) (jurisdiction of juvenile court retained only until child becomes eighteen years of age); see also In re Maricopa Cnty. See 239 Ariz. 299, 2, 371 P.3d at 629. In context, these notations conveyed the probation officer's erroneous assumption that Espinoza had a duty to so register because of that adjudication. The trial court sentenced him to concurrent terms of four months' incarceration, pursuant to A.R.S. 12-120.09. And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. The results revealed that his blood alcohol concentration was above 0.15. It provides: No person shall be disturbed in his private affairs, or his home invaded, without authority of law.. 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. 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. Please try again. Juv. 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. 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. 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. 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. 1781, 152 L.Ed.2d 860 (2002).1. 8202(H)(1) and (2). Court of Appeals of Arizona, Division 2. 133821(C). No. We affirm for the reasons that follow. Arizona Revised Statutes Around 2:00 p.m., he gave another Mirandized statement to police. 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 In the context of challenges to criminal judgments that have become final, our state has adopted a modern approach, in conformity with the Restatement, which resists the temptation to characterize even serious procedural irregularities as violations of jurisdictional court authority. 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. 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.). 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. 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. Careers OPINION. It has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). 0 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. 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. 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. a, b. It is divided into two divisions, with a total hbbd``b`$ jD0OcDd7 HLH<1f`bd2r?O % 2011).1 Navarro was arrested for DUI on February 15, 2015. %%EOF See A.R.S. IrishItalian During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. CR 2012-125141-002 The Honorable Michael W. Kemp, Judge REVIEW GRANTED; RELIEF Each division of the court of appeals has a clerk of the court and other support personnel. EstonianFilipino 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. 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. 23 That conclusion, however, does not end our inquiry. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. 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.). 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. Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. 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. P., to challenge the terms of his probation. hb```f``f`a`Qg`@ rL r b00v0010:1.a(%PQQV_LaBSENT(-Oz SC[|M@mL;4)t~ 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. 2 CA-CR 2016-0020 As After a hearing, the juvenile 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. Division I; Division II; Superior Court; Justice Courts; City Courts; News & Info; Our Courts AZ; Guide to AZ Courts; Committees & Commissions. 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. 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. 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 THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. E.V., a minor under 18 years of age, Petitioner, v. Hon. JapaneseKorean At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 339 0 obj <>stream At that time, a police officer read Navarro the same admin per se form that our supreme court later held to be invalid in Valenzuela, 239 Ariz. 299, 5, 22, 28, 371 P.3d at 629-30, 634, 636. 12, 962 P.2d 224, quoting 46 Am.Jur.2d Judgments 31 (1994);7 accord Valley Vista Dev. WebArizona Court of Appeals. National Center for State Courts Career Opportunities This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 2 CA-CR 2022-0068 Filed April 27, 26 The above reasoning leads us to two pertinent conclusions. 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. 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. A resident of Arizona and admitted to the practice of law in Arizona for the five years immediately prior to taking office. 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. THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. This site serves as a portal to a variety of information including case dockets on active cases, recent court decisions 16 Pursuant to A.R.S. State v. Espinoza, No. Volunteer-FCRB WebWelcome to the Arizona Appellate Court Case website. 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 Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. 2 CACR 20100114PR, 45. 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). Stay up-to-date with how the law affects your life. 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. CORP Website 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. As our supreme court has recently observed, the conclusion that a court cannot enter a valid judgment because of a procedural error does not mean that the court lacks subject matter jurisdiction. Maldonado, 223 Ariz. 309, 15, 223 P.3d at 655. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. SerbianSlovak 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). KGE1*6H>PzX:6&_73o3lWp6FYf:!x@nA@} WebThe court and its employees are not liable for any inaccurate or untimely information, or for misinterpretation or misuse of the data. 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. The email address cannot be subscribed. 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. WebArizona, 384 U.S. 436 (1966). 2 CA in the second example means 2 CA-CV 2022-0083-FC Filed April 25, 2023 Appeal from the Superior Court in Pima County No. WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. BelarusianBulgarian 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. Get free summaries of new Arizona Court of Appeals, Division Two - Unpublished Opinions opinions delivered to your inbox! The trial court summarily denied Navarro's motion to suppress this evidence and, in January 2016, entered the judgment and sentence. El Centro de Autoservicio, Contact Us 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. 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. Espinoza pleaded guilty to criminal damage. 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 Site Map That July, Espinoza appeared before a different juvenile court judge on a petition to revoke his probation. 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. 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. 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. And I have followed through. You can explore additional available newsletters here. S 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. 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).

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