In re Jason R

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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24 DIVISION ONE FILED: 04/24/2012 RUTH A. WILLINGHAM, CLERK BY: sls IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE IN RE JASON R. ) ) ) ) ) ) ) ) ) ) No. 1 CA-JV 12-0021 DEPARTMENT B MEMORANDUM DECISION (Not for Publication Ariz. R. P. Juv. Ct. 103(G); ARCAP 28) Appeal from the Superior Court in Yuma County Cause No. S1400JV20110588 The Honorable Denise D. Gaumont, Judge Pro Tempore AFFIRMED Jon R. Smith, Yuma County Attorney By George J. Romero, Deputy County Attorney Attorneys for Appellee Yuma The Law Offices of Kelly A. Smith By Kelly A. Smith Attorneys for Appellant Yuma J O H N S E N, Judge ¶1 Jason R. appeals his adjudication of incorrigibility based on truancy and his subsequent disposition. This appeal was timely filed in accordance with Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969). Jason s counsel has searched the record on appeal and found no arguable question of law that is not frivolous. See Smith v. Robbins, 528 U.S. 259 (2000); Anders, 386 U.S. 738; State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999); In re JV117258, 163 Ariz. 1989). Counsel now asks this court to search the record for fundamental error. 484, 485-88, 788 P.2d 1235, 1236-39 (App. After reviewing the entire record, we affirm the superior court s order. FACTS AND PROCEDURAL HISTORY ¶2 In December 2011, the State filed a petition in juvenile court, alleging Jason was incorrigible and habitually truant because he had been absent from school without an excuse for thirty separate days between August 10, 2011 and December 16, 2011. 1 knowingly, At the advisory intelligently and hearing, voluntarily Jason waived his right to a trial. allegations. the Jason and waived his mother counsel and Jason then admitted the Accordingly, the court found the factual basis for allegations was established and Jason was adjudicated incorrigible as a truant pursuant to Arizona Revised Statutes 1 On appeal from an adjudication of incorrigibility, we view the evidence in the light most favorable to upholding the court s judgment and resolve all reasonable inferences against the juvenile. In re Jessi W., 214 Ariz. 334, 336, ¶ 11, 152 P.3d 1217, 1219 (App. 2007). 2 ( A.R.S. ) sections 8-201(16)(b) and 15-803 (West 2012). 2 The court placed Jason on protective supervision for 12 months and ordered him to participate in drug testing services. ¶3 Jason timely appealed. We have jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution, and A.R.S. §§ 12-120.21(A)(1) and 8-235(A) (West 2012). DISCUSSION ¶4 The proceedings were conducted in compliance with due process Court. and the Arizona Substantial Rules evidence, supported the adjudication. the proceedings and of the Procedure including for the Jason s Juvenile admission, Jason was present at all stages of disposition was within the court s discretion. CONCLUSION ¶5 We have searched the read entire and record considered for counsel s fundamental 117258, 163 Ariz. at 488, 788 P.2d at 1239. ¶6 brief and See JV- error. We find none. After the filing of this decision, defense counsel s obligations pertaining to Jason s representation in this appeal have ended. outcome of Defense this counsel appeal and only his need future inform Jason options, of unless, the upon review, counsel finds an issue appropriate for submission to the 2 Absent material revisions after the date offense, we cite a statute s current version. 3 of an alleged Arizona Supreme Court by petition for review. See State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984); Ariz. R. P. Juv. Ct. 107(A). /s/ DIANE M. JOHNSEN, Presiding Judge CONCURRING: /s/ LAWRENCE F. WINTHROP, Chief Judge /s/ DONN KESSLER, Judge 4

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