NOTICE:
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED
EXCEPT AS AUTHORIZED BY APPLICABLE RULES.S
See Ariz. R. Supreme Court 111(c); ARCAP 28(c);
Ariz. R. Crim. P. 31.24
IN THE COURT OF APPEALS
STATE OF ARIZONA
DIVISION ONE
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In re Manuel C.
DIVISION ONE
FILED: 07-13-2010
PHILIP G. URRY,CLERK
BY: GH
1 CA-JV 10-0117
DEPARTMENT C
MEMORANDUM DECISION
(Not for Publication –
Rule 103(G) Ariz. R.P.
Juv. Ct.; Rule 28
ARCAP)
Appeal from the Superior Court in Yuma County
Cause No. S1400JV20090109
The Honorable John N. Nelson, Judge
AFFIRMED
Jon Smith, Yuma County Attorney
By Mark Hessinger, Deputy County Attorney
Attorney for Appellee
Yuma
Michael A. Breeze, Yuma County Public Defender
By John A. Cicala, Deputy Public Defender
Attorney for Appellant
Yuma
K E S S L E R, Judge
¶1
Manuel C. (“Juvenile”) filed an Anders appeal from the
superior court’s acceptance of his plea agreement and subsequent
disposition.
See Anders v. California, 386 U.S. 738 (1967); In
re Maricopa County Juv. Action No. JV-117258, 163 Ariz. 484,
485-87, 788 P.2d 2135, 1236-38 (App. 1989).
accepted
his
plea
of
violating
The superior court
probation
and
delinquency
resulting from the possession of marijuana while on intensive
probation and committed him to a minimum stay of six months in
the Arizona Department of Juvenile Corrections (“ADJC”).
have searched the record for fundamental error.
We
Finding none,
we affirm the superior court’s adjudication of delinquency and
disposition.
FACTUAL AND PROCEDURAL HISTORY
¶2
The
probation
State
alleging
filed
that
a
petition
Juvenile
to
revoke
violated
the
Juvenile’s
terms
of
his
probation by (1) possessing marijuana, (2) possessing marijuana
for sale,
and
subsequently
revocation
(3)
filed
alleging
possessing
an
drug
paraphernalia.
additional
that
Juvenile
petition
violated
The
for
the
State
probation
terms
of
his
probation by (1) failing to attend school and failing to notify
his
probation
officer
of
his
failure
to
attend
school,
(2)
violating his curfew and failure to specify his whereabouts in a
JIPS note, and (3) possessing writings related to the “Varrio
Soma Gang”.
The State also filed a petition that Juvenile be
adjudicated delinquent alleging that he (1) possessed marijuana
for
sale,
(2)
possessed
marijuana,
2
and
(3)
possessed
drug
paraphernalia.
The offenses alleged in each petition occurred
on the same date.
¶3
Prior to accepting Juvenile’s plea, the superior court
determined that he was making the plea knowingly, intelligently,
and voluntarily.
the
charges,
The court informed Juvenile of the nature of
the
nature
and
range
of
possible
dispositions
including the likelihood of commitment if he pled responsible,
and
Juvenile’s
constitutional
rights,
including
the
right
to
contest the charges, the right to counsel if he chose to contest
the
charges,
the
right
to
the
presumption
of
innocence,
the
right to cross-examine witnesses and present evidence, and the
right to remain silent.
¶4
After the colloquy and plea, Juvenile admitted that he
possessed
marijuana.
Juvenile
admitted
that
he
placed
the
marijuana into several separate baggies and possessed it for
sale.
Juvenile
also
admitted
that
the
separate
baggies
he
placed the marijuana into were drug paraphernalia.
¶5
The superior court accepted Juvenile’s plea regarding
(1) possessing marijuana, (2) possessing marijuana for sale, and
(3) possessing drug paraphernalia on the termination petition
and to possession of marijuana on the new delinquency petition.
The remaining charges were dismissed with prejudice.
¶6
Prior
pre-disposition
to
sentencing,
report
and
the
a
3
superior
supplemental
court
received
a
pre-disposition
report.
The
supplemental
pre-disposition
report
recommended
commitment to ADJC for a minimum stay of six months.
The court
stated that it had considered the report and was following its
recommendation
because
no
other
service
Juvenile under the circumstances.
counsel and permitted to speak.
was
appropriate
for
Juvenile was represented by
The superior court committed
Juvenile to ADJC until his 18th birthday with a minimum stay of
six months.
Court
has
Juvenile filed a timely notice of appeal.
jurisdiction
pursuant
to
Arizona
Revised
This
Statutes
(“A.R.S.”) section 8-235(A) (2007) and Arizona Rule of Procedure
for the Juvenile Court 103(A).
ANALYSIS
¶7
This
Court
fundamental error.
no
meritorious
has
that
grounds
it
the
entire
record
for
After careful review of the record, we find
Juvenile’s disposition.
determined
reviewed
was
for
reversal
or
modification
of
The plea has a factual basis, the court
knowing,
intelligent,
and
voluntary,
Juvenile was represented by counsel at all critical stages, the
proceeding was conducted in accordance with the Arizona Rules of
Procedure for the Juvenile Court, and the disposition was within
the range permitted by statute.
¶8
Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85,
684 P.2d 154, 156-57 (1984), appellant’s counsel’s obligations
in this appeal are at an end.
Counsel need do no more than
4
inform
Juvenile
future
options,
appropriate
for
of
the
unless
status
counsel’s
submission
petition for review.
of
to
the
the
appeal
review
and
Juvenile’s
reveals
Arizona
Supreme
an
issue
Court
by
See Ariz. R.P. Juv. Ct. 107(A); see also
Ariz. R.P. Juv. Ct. 107(J).
CONCLUSION
¶9
For
the
foregoing
reasons,
we
affirm
the
superior
court’s acceptance of Juvenile’s plea agreement and disposition.
/S/
DONN KESSLER, Judge
CONCURRING:
/S/
MARGARET H. DOWNIE, Presiding Judge
/S/
PETER B. SWANN, Judge
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