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. Court of Appeals of Arizona, Division 2. OPINION. Division 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. This includes the court jurisdiction, process, FAQ, guides, resources, and a link to 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. 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stream Volunteer-AmeriCorps, Helpful Links NOT FOR PUBLICATION See 8202(H) (itemizing subject matter over which adult court secures jurisdiction of offense committed by juvenile). 133822 and 133824. 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. 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. Court of Appeals - Arizona Judicial Branch 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. THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. Examples: 1 CA-CV 95-0587; 2 CA-SA 89-338; 1 CA in the first example means Court of Appeals, Division 1 (Phoenix). 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. RomanianRussian 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. 1 The minor in this appeal fired four shots into the air in a residential neighborhood located in Pima County, Arizona. No. 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. SlovenianSpanish 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Court Vacancies We agree and therefore affirm the trial court's ruling. The results revealed that his blood alcohol concentration was above 0.15. 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 E.V., a minor under 18 years of age, Petitioner, v. Hon. 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. At Espinoza's urging, the court further found he does not have to register as a sex offender in the future..

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