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. 223 Ariz. 309, 1011, 15, 223 P.3d at 655. 9 Although the trial court's determination that Espinoza had failed to comply with Rule 32.2(b) provided a sufficient basis to deny relief, we also rejected Espinoza's argument that the 2004 criminal damage probation order was void ab initio. %%EOF Appeals - Division Two of Arizona Court of Appeals - AzCourtHelp Interpreters bs%0c{^L4-\A Y 31 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 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. 8202(H)(1) and (2). Court of Appeals of Arizona, Division 2. The results revealed that his blood alcohol concentration was above 0.15. Court of Appeals Division One - Arizona Stay up-to-date with how the law affects your life. It appears he was charged once again with failing to register in July 2008, shortly after his release from prison for the 2004 offense. Privacy Notice ARIZONA COURT OF APPEALS Around 2:00 p.m., he gave another Mirandized statement to police. Please try again. 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. 16 Pursuant to A.R.S. 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. 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.). Azerbaijani ALPHABasque ALPHA Court of Appeals Web(206) 309-5013 Seattle, WA Criminal Law, Domestic Violence, DUI & DWI Website Email Profile John Merriam PREMIUM (206) 729-5252 Seattle, WA Maritime Law Website Email Profile Renee F Lee PREMIUM (425) 645-0433 Everett, WA Family Law, Arbitration & Mediation, Divorce Website Email Profile Richard John Davies PREMIUM (206) 957 Appellate information for filing in an Arizona Court of Appeals - Division Two. 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. 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. 12, 962 P.2d 224, quoting 46 Am.Jur.2d Judgments 31 (1994);7 accord Valley Vista Dev. 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 And you failed to do that, sir; do you understand that? Espinoza responded, Yes. CzechDanish 1 CA-CR 22-0581 PRPC FILED 4-27-2023 Petition for Review from the Superior Court in Maricopa County No. During oral argument before us, the State advised that its motion to admit defendant's statements was pending before the trial court. WebIN THE ARIZONA COURT OF APPEALS DIVISION TWO THE STATE OF ARIZONA, Appellee, v. DAMON CYRUS LEWIS, Appellant. 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. WebIN THE ARIZONA COURT OF APPEALS DIVISION ONE STATE OF ARIZONA, Respondent, v. BRANDON STEPHEN LOPEZ, Petitioner. 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. CatalanChinese (Simplified) IcelandicIndonesian Unaware of that error, Espinoza did not file a timely, of-right petition for post-conviction relief pursuant to Rule 32, Ariz. R.Crim. WebArizona, 384 U.S. 436 (1966). 133821(D). 13501 or those offenses wherein jurisdiction has been specifically transferred pursuant to the criteria set forth in A.R.S. 2015), was controlling, adverse authority; the trial court thus declined his request for a suppression hearing. 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. We assume trial courts know the law in the absence of evidence to the contrary. THE STATE OF ARIZONA, Appellee, v. JAVIER FRANCISCO NAVARRO, Appellant. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 13 On this appeal from the trial court's dismissal order, the state argues the court abused its discretion in dismissing the indictment because Espinoza is required to register as a sex offender based on the probation terms imposed in connection with the criminal damage conviction and the convictions for registration violations in 2004 and 2008. Decided: April 30, 2012 Barbara LaWall, Pima County Attorney By Jacob R. Lines, Tucson, Attorneys for Appellant. 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. 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 2022-0068 Filed April 27, 2023 THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. VietnameseWelsh 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. WebDivision Two of the Arizona Court of Appeals is located at 400 W. Congress, Tucson, Arizona 85701. ArabicArmenian ALPHA Arizona Court Of Appeals, Division Two - State Courts 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 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. See, e.g., Maldonado, 223 Ariz. 309, 18, 223 P.3d at 656. 2 CACR 20100114PR (memorandum decision filed July 9, 2010). The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. ARIZONA COURT OF APPEALS DIVISION TWO a, b. 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. JapaneseKorean State v. Espinoza, No. 2 ca-cr 2022-0134 filed april 28, 2023 this decision does not create 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. 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). All Rights Reserved. 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. %PDF-1.7 % 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. CONCURRING: JOSEPH W. HOWARD, Chief Judge and J. WILLIAM BRAMMER, JR., Judge. We may affirm the court's ruling if it is legally correct for any reason. You're all set! 26 The above reasoning leads us to two pertinent conclusions. 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. hears and decides cases in three judge panels; has jurisdiction in all matters properly appealed from superior court; and. And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. AfrikaansAlbanian 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. It provides: No person shall be disturbed in his private affairs, or his home invaded, without authority of law.. 28-1383(D), followed by concurrent five-year terms of probation. The STATE of Arizona, Appellee, v. Javier Rivera CABRERA, Appellant. D20201560 The Honorable Stay up-to-date with how the law affects your life. A clerk of the court maintains official records and case files and handles the administrative duties of the court. Court of Appeals Maldonado, 223 Ariz. 309, 1921, 223 P.3d at 657. All rights reserved. Sign up for our free summaries and get the latest delivered directly to you. 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.).
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