The juvenile court has original jurisdiction over all delinquency proceedings brought under the authority of this title. 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.). 1781, 152 L.Ed.2d 860 (2002).1. No. All rights reserved. DutchEnglish 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. 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). See 8202(G) (jurisdiction of juvenile court retained only until child becomes eighteen years of age); see also In re Maricopa Cnty. Espinoza pleaded guilty to criminal damage. We may affirm the court's ruling if it is legally correct for any reason. 1 Following a jury trial, appellant Javier Navarro was convicted of four counts of aggravated driving under the influence of an intoxicant (DUI). 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. Copyright 2023, Thomson Reuters. 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. As the state concedes, Espinoza's 2004 conviction for criminal damage would not authorize a trial court, under any of these provisions, to order him to register as a sex offender. 2 We discuss only those facts relevant to the suppression ruling challenged on appeal. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. This site serves as a portal to a variety of information including case dockets on active cases, recent court decisions 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. In context, these notations conveyed the probation officer's erroneous assumption that Espinoza had a duty to so register because of that adjudication. Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. But true jurisdictional limitations on a court's authority remain and it is our conclusion that one of those boundaries has been breached here. The court of appeals was established in 1965 as the first level of appeal up from superior court. 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. 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. 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. 2 ca-cr 2022-0134 filed april 28, 2023 this decision does not create endstream endobj startxref EstonianFilipino S Corp. v. City of Broken Arrow, 766 P.2d 344, 348 (Okla.1988). 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. Division Court of Appeals of Arizona,Division 2, Department A. 2. 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. Maldonado, 223 Ariz. 309, 1921, 223 P.3d at 657. Please try again. 2 CA-CR 2022-0068 Filed April 27, WebCourt of Appeals. Their duties are outlined in A.R.S. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO IN RE THE MARRIAGE OF ORETTE TARIZ SHAYANA MORRIS, FKA ORETTE MANDEL, Petitioner/Appellant, and That July, Espinoza appeared before a different juvenile court judge on a petition to revoke his probation. UkrainianUrdu ALPHA Court Vacancies 2 CACR 20100114PR (memorandum decision filed July 9, 2010). 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. 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. Volunteer-FCRB 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 results revealed that his blood alcohol concentration was above 0.15. CR 2012-125141-002 The Honorable Michael W. Kemp, Judge REVIEW GRANTED; RELIEF 2023 Arizona Supreme Court. The state does not dispute that the juvenile court never ordered Espinoza to register as a sex offender. NOT FOR PUBLICATION 12 After a hearing, the trial court granted the motion, finding the Juvenile Court never ordered the defendant to register as a sex offender and [the] Superior Court then did not have jurisdiction to order that the defendant register as a sex offender in the 2004 criminal damage probation order, because such a requirement was a matter only to be determined by the Juvenile Court. Having concluded the superior court had been without jurisdiction to order Espinoza to register as a condition of his probation, the court further found that order void and dismissed the indictment against Espinoza with prejudice. The juvenile court transfers jurisdiction pursuant to 8327. P., to challenge the terms of his probation. During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. WebArizona Court of Appeals. And you failed to do that, sir; do you understand that? Espinoza responded, Yes. The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. 2 CA-SA 2022-0024 Decided: July 01, 2022 7 In 2009, Espinoza initiated a Rule 32 proceeding seeking reversal of his 2004 conviction for failing to register. His attorneys failed to challenge either of these convictions in timely, of-right petitions for postconviction relief. Like Arizonas appellate courts, a federal court of appeals will not set aside the district courts exercise of discretion unless it is HindiHungarian 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. 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. [emailprotected] Your Service 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 1. 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. Although our implied consent statute, A.R.S. 8202(A). Juv. As the state points out, in addition to substantive offenses enumerated in A.R.S. 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. 28-1383(D), followed by concurrent five-year terms of probation. 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. 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. 5 After Espinoza echoed his attorney's comments, the trial court asked, Are you sure? [Y]ou know, you were supposed to register? 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. 2 CACR 20110066PR (memorandum decision filed June 16, 2011). 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. 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. 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. 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. e, 12 cmt. All rights reserved. See Maldonado, 223 Ariz. 309, 11, 223 P.3d at 655. 1975)). You already receive all suggested Justia Opinion Summary Newsletters. See 239 Ariz. 299, 2, 371 P.3d at 629. Commission on Judicial Conduct 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. 2 CACR 20110214. 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. Court of Appeals of Arizona, Division 2. 10 While review of that post-conviction proceeding was pending, Espinoza filed a notice of post-conviction relief challenging his sentence in the 2004 criminal damage case, specifically the order requiring him to register as a sex offender as a condition of his probation. FinnishFrench Azerbaijani ALPHABasque ALPHA WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. P. 32.2(b), 32.4(a). Arizona Revised Statutes %%EOF 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). 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. 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). 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-CV 2022-0083-FC Filed April 25, 2023 Appeal from the Superior Court in Pima County No. Chinese (Traditional)Croatian IrishItalian 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. Contact us. (There are filing fees in civil cases, but not for criminal cases.). 26 The above reasoning leads us to two pertinent conclusions. SerbianSlovak Yiddish 2. Espinoza, No. State v. Espinoza, No. 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. Free, trusted legal information for consumers and legal professionals, Directory of U.S. attorneys with the exclusive Super Lawyers rating, The #1 Spanish-language legal website for consumers, Nationwide attorney directory and legal consumer resources. 133822 and 133824. Legal Reference & Links Decided: April 30, 2012 Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Appellant. 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. State Bar of Arizona 133821(D). WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. LithuanianMacedonian 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. At, we pride ourselves on being the number one source of free legal information and resources on the web. 21 In Maldonado, the trial court had erroneously entered a judgment of guilt against a defendant who had never been properly charged. Learn more about FindLaws newsletters, including our terms of use and privacy policy. At, we pride ourselves on being the number one source of free legal information and resources on the web. we are more persuaded through moral elevation when:, zwerg apfelbaum winterhart, best pga putters on bermuda greens,