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Get free summaries of new Arizona Court of Appeals, Division Two - Unpublished Opinions opinions delivered to your inbox! no. E.V., a minor under 18 years of age, Petitioner, v. Hon. WebWelcome to the Arizona Appellate Court Case website. The juvenile is charged as an adult with an offense listed in 13501. The state does not dispute that the juvenile court never ordered Espinoza to register as a sex offender. 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. CONCURRING: JOSEPH W. HOWARD, Chief Judge and J. WILLIAM BRAMMER, JR., Judge. 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 Chinese (Traditional)Croatian 309 0 obj <> endobj 2023 Arizona Supreme Court. Latin ALPHALatvian 8202(A). 35 For the foregoing reasons, we affirm the trial court's order dismissing the indictment against Espinoza. 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. The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. hbbd``b`$ jD0OcDd7 HLH<1f`bd2r?O % Sign up for our free summaries and get the latest delivered directly to you. It appears he was charged once again with failing to register in July 2008, shortly after his release from prison for the 2004 offense. ThaiTurkish 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. Appellate information for filing in an Arizona Court of Appeals - Division Two. In context, these notations conveyed the probation officer's erroneous assumption that Espinoza had a duty to so register because of that adjudication. AfrikaansAlbanian Volunteer-CASA Arizona Court of Appeals - Division 2 - AzCourtHelp 2 CACR 20100114PR (memorandum decision filed July 9, 2010). KGE1*6H>PzX:6&_73o3lWp6FYf:!x@nA@} Contact us. The official case record is maintained at the 2 CA-CR 2022-0068 Filed April 27, 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 State v. Espinoza, No. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 0 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. CatalanChinese (Simplified) See, e.g., Maldonado, 223 Ariz. 309, 18, 223 P.3d at 656. 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). 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. ___ U.S. at ___, 136 S. Ct. at 2184. 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. SerbianSlovak You're all set! MalayMaltese 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). 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. We assume trial courts know the law in the absence of evidence to the contrary. The email address cannot be subscribed. Around 2:00 p.m., he gave another Mirandized statement to police. Powered by, Justicia para el Futuro: Planificar Para Lograr la Excelencia. The STATE of Arizona, Appellee, v. Javier Rivera CABRERA, Appellant. We did so, however, without identifying which of the several potential jurisdictional arguments we were resolving. DutchEnglish Their duties are outlined in A.R.S. Stay up-to-date with how the law affects your life. Appeals - Division Two of Arizona Court of Appeals - AzCourtHelp 2015), was controlling, adverse authority; the trial court thus declined his request for a suppression hearing. 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. 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. Human Resources, Volunteer Interpreters Espinoza's counsel requested directions from the court concerning what Espinoza was required to do on probation. Espinoza's counsel asked the court to give his client one more chance to follow through, suggesting, Perhaps if you give him one shot at probation [and] give him directions he would be motivated to succeed. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. 22 For this reason, we must reject Espinoza's specific contention that the trial court in 2004 acted in excess of its subject matter jurisdiction merely because that court erroneously imposed upon him a duty to register as a sex offender in contravention of statute, specifically 133821. All rights reserved. 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. El Centro de Autoservicio, Contact Us Arizona Court of Appeals 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. Educator Links See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. 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. 2 CA-SA 2022-0024 Decided: July 01, 2022 Contact us. OPINION. WebCourt of Appeals. Court of Appeals of Arizona, Division 2. 11 In March 2011, Espinoza again was indicted for violating the requirements of sexual offender registration. D20201560 The Honorable THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. The trial court found his claim precluded and, on review, we also denied relief. 1781, 152 L.Ed.2d 860 (2002).1. 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. 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). 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. NOT FOR PUBLICATION WITHOUT THE APPROVAL OF After a hearing, the juvenile Arizona Revised Statutes Action No. 23 That conclusion, however, does not end our inquiry. See Ariz. R.Crim. 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. See A.R.S. Court of Appeals 21 In Maldonado, the trial court had erroneously entered a judgment of guilt against a defendant who had never been properly charged. Court of Appeals WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. This site serves as a portal to a variety of information including case dockets on active cases, recent court decisions 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. See Maldonado, 223 Ariz. 309, 1618, 223 P.3d at 65556; Restatement 11 cmt. 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. Corp. v. City of Broken Arrow, 766 P.2d 344, 348 (Okla.1988). This appeal followed. You can explore additional available newsletters here. 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. e, 12 cmt. Arizona Court of Appeals - Division 2 At Espinoza's urging, the court further found he does not have to register as a sex offender in the future.. IN THE ARIZONA COURT OF APPEALS - cases.justia.com They said that I have to do that, and I told him I got atforgot where I had to do that. 2 CA-CR 2022-0068 Filed April 27, 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). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. %PDF-1.7 % ARIZONA 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. 2 CACR 20110066PR (memorandum decision filed June 16, 2011). 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.). Volunteer-AmeriCorps, Helpful Links 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. 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. HindiHungarian We affirm for the reasons that follow. 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. We agree and therefore affirm the trial court's ruling. No. 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. 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. 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). 8202(H)(1) and (2). And you failed to do that, sir; do you understand that? Espinoza responded, Yes. 133821(J), 133822(A), 133824. 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). Division I; Division II; Superior Court; Justice Courts; City Courts; News & Info; Our Courts AZ; Guide to AZ Courts; Committees & Commissions. 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. The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. Legal Reference & Links ArabicArmenian ALPHA 14, 223 P.3d 653. Cf. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. 1984). 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. 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. Because the warrantless breath test to which Navarro submitted did not violate any provision of the United States or Arizona Constitutions, according to our highest respective courts, the exclusionary rule is inapplicable to this case.3. SlovenianSpanish Each division of the court of appeals has a clerk of the court and other support personnel. A clerk of the court maintains official records and case files and handles the administrative duties of the court. 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. State v. Espinoza, No. Court of Appeals of Arizona,Division 2, Department A. WebIt has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). 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 court revoked his probation and committed him to the Arizona Department of Juvenile Corrections. 2 ca-cr 2022-0134 filed april 28, 2023 this decision does not create The STATE of Arizona, Appellant, v. Jaime Rene ESPINOZA, Appellee. 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. Arizona Court of Appeals Please try again. Division Two Court Appeals - AzCourtHelp WebIN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. BRANDON STEPHEN LOPEZ, Petitioner. The trial court summarily denied Navarro's motion to suppress this evidence and, in January 2016, entered the judgment and sentence. 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). Careers 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. WebThe court and its employees are not liable for any inaccurate or untimely information, or for misinterpretation or misuse of the data. But true jurisdictional limitations on a court's authority remain and it is our conclusion that one of those boundaries has been breached here. IrishItalian 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. 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 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. hears and decides cases in three judge panels; has jurisdiction in all matters properly appealed from superior court; and. 2 CACR 20110214. 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.). 8327. Stay up-to-date with how the law affects your life. Arizona Court of Appeals - Ballotpedia JapaneseKorean Court of Appeals of Arizona, Division 2. 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. The court of appeals was established in 1965 as the first level of appeal up from superior court. THE STATE OF ARIZONA v. JAVIER FRANCISCO NAVARRO. 1. AZ Court of Appeals Opinions and Cases | FindLaw Please try again. It lacked jurisdiction over the juvenile adjudication in its juvenile capacity because Espinoza had surpassed the age of eighteen. It provides: No person shall be disturbed in his private affairs, or his home invaded, without authority of law.. 1 The minor in this appeal fired four shots into the air in a residential neighborhood located in Pima County, Arizona. 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. It has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). 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. 28-1383(D), followed by concurrent five-year terms of probation. CT - Court of Appeals - Division II | AZ Direct - Arizona Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. 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. THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. 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. (There are filing fees in civil cases, but not for criminal cases.). 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.

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