IN RE BRANDON S.

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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 IN THE COURT OF APPEALS STATE OF ARIZONA DIVISION ONE ) ) IN RE BRANDON S. ) ) ) ) ) ) ) ) __________________________________) DIVISION ONE FILED: 10/31/2013 RUTH A. WILLINGHAM, CLERK BY: mjt 1 CA-JV 13-0131 DEPARTMENT C MEMORANDUM DECISION (Not for Publication 103(G) Ariz.R.P. Juv. Ct.; Rule 28 ARCAP) Appeal from the Superior Court in Maricopa County Cause No. JV549877 The Honorable Kirby D. Kongable, Commissioner AFFIRMED Thomas C. Horne, Arizona Attorney General By Joseph T. Maziarz, Chief Counsel Criminal Appeals/Capital Litigation Section And Robert A. Walsh, Assistant Attorney General Attorneys for Appellee Bruce F. Peterson, Maricopa County Legal Defender By Suzanne W. Sanchez, Deputy Legal Defender Attorneys for Appellant O R O Z C O, Judge Phoenix Mesa ¶1 Brandon S. (Juvenile) appeals the juvenile court s order requiring him to register as a sex offender until the age of twenty-five pursuant Section 13-3821.D. to Arizona Revised Statute (A.R.S.) For the following reasons, we affirm. FACTS AND PROCEDURAL HISTORY ¶2 In 2010, the juvenile court adjudicated Juvenile delinquent of attempted molestation of a child, a class three felony and a misdemeanor charge of assault. In February 2011, the juvenile court placed Juvenile on probation and ordered that he remain under the protective custody of a probation officer, and in the physical custody of A New Leaf, a treatment center. The court deferred its decision whether to require Juvenile to register as a sex offender. ¶3 Juvenile failed to complete the treatment program at A New Leaf. As a result, in June 2011, the juvenile court found Juvenile violated his probation, committed him to the Arizona Department of Juvenile Corrections (ADJC) and, again, deferred the issue of Juvenile s sex offender registration. ADJC released Juvenile from custody in November 2011 and, at that time, the juvenile court again deferred a decision on sex offender registration to see how Juvenile would perform once back in the community. ¶4 At an April 2013 status hearing, Juvenile s probation officer testified that a recent report from an agency called 2 Resolution Group indicated Juvenile was not fully invested in his rehabilitation and was unable to internalize much of the treatment. Moreover, the probation officer said Juvenile was highly sexual and possessed highly distorted perceptions that his girlfriends community safety caused him concerns, to the sexually probation offend. officer Citing recommended that Juvenile be ordered to register as a sex offender. ¶5 The State also supported requiring registration because the Juvenile was not invested in his rehabilitation. The State based its argument on the fact that Juvenile willfully violated the relationships, terms only of his showed probation investment by engaging in the in sexual rehabilitation program the three weeks leading up to the hearing, had a history of not showing up to treatment sessions, and was deceptive when asked why he did not attend treatment. ¶6 Juvenile opposed registration and, in the alternative, asked the juvenile court to defer the decision. After reviewing all reports and considering the arguments provided, the juvenile court ordered Juvenile to register as sex offender, finding Juvenile has not really yet come to grips with the things he needs to . . . self-regulate and provide some self-assurance of safety to the community. ¶7 Juvenile timely appealed. We have jurisdiction pursuant to A.R.S. § 8-235.A and Arizona Rules of Procedure for 3 the Juvenile Court 103. See also In re Javier B., 230 Ariz. 100, 102, 280 P.3d 644, 646 (App. 2012)1 ( [B]oth the disposition order and a later order requiring sex offender registration will generally be final, appealable orders ). DISCUSSION ¶8 The juvenile court has the authority to require a juvenile adjudicated as delinquent under A.R.S. § 13-3821.A or C to register as a sex offender until the age of twenty-five. A.R.S. § 13-3821.D (Supp. 2012). The statute does not direct the court to consider any specific factors before making its determination on whether to order a juvenile to Javier B., 230 Ariz. at 104, ¶ 18, 280 P.3d at 648. register. Absent a clear abuse of discretion, this court will not disturb such a decision. ¶9 more Id. at 104, ¶ 17, 280 P.3d at 648. The juvenile court monitored Juvenile s progress for than two years regarding registration. indicated it had before At reviewed making the the a hearing, most final the recent Resolution Group and the probation officer. determination juvenile reports court from the Both Juvenile s probation officer and the State recommended that the juvenile court require him to register. Information was presented of Juvenile s continuing sexual activity and lack of investment in 1 We cite the current version of the applicable statutes when no revisions material to this decision have since occurred. 4 his own treatment. necessary for Thus, the juvenile court found registration community safety. The record supports the juvenile court s decision, thus, we find no abuse of discretion. CONCLUSION ¶10 For the foregoing reasons, we affirm the juvenile courts order requiring Juvenile to register as a sex offender until the age of twenty-five. /S/ ______________________________ PATRICIA A. OROZCO, Judge CONCURRING: /S/ ___________________________________ RANDALL M. HOWE, Presiding Judge /S/ ___________________________________ SAMUEL A. THUMMA, Judge 5

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