In re Jonathan H.

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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 JONATHAN H. DIVISION ONE FILED: 07-08-2010 PHILIP G. URRY,CLERK BY: DN No. 1 CA-JV 09-0206 DEPARTMENT A MEMORANDUM DECISION (Not for Publication Ariz. R.P. Juv. Ct. 103(G), ARCAP 28) Appeal from the Superior Court in Mohave County Cause No. JV2009-0034 The Honorable Derek C. Carlisle, Judge Pro Tempore AFFIRMED Matthew J. Smith, Mohave County Attorney Attorneys for Appellee Kingman Carlene H. Lacy, Acting Mohave County Public Defender By Barbara A. Cook, Deputy Public Defender Attorneys for Appellant Kingman W I N T H R O P, Judge ¶1 Jonathan H. ( Juvenile ) appeals from the juvenile court s delinquency adjudication and disposition placing him on intensive probation until his eighteenth birthday and requiring him to register as a sex offender for an undetermined period of time. 1 Juvenile s counsel has filed a brief in accordance with Smith v. Robbins, 528 U.S. 259 (2000); Anders v. California, 386 U.S. 738 (1967); State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969); and Maricopa County Juvenile Action No. JV-117258, 163 Ariz. 484, 486, 788 P.2d 1235, 1237 (App. 1989), stating that she has searched the record on appeal and found no arguable questions of law. Counsel requests that we search the record for reversible error. See State v. Clark, 196 Ariz. 530, 537, ¶ 30, 2 P.3d 89, 96 (App. 1999) (stating that this court reviews the entire record for reversible error). ¶2 We have appellate jurisdiction pursuant to A.R.S. § 8- 235(A) (2007) and Arizona Rule of Procedure for the Juvenile Court ( Rule ) 103(A). Finding no reversible error, we affirm. FACTS AND PROCEDURAL BACKGROUND 2 ¶3 On March 2, 2009, the State filed a delinquency petition, charging that on or about June 25, 2008, Juvenile had committed: Count One, burglary in the second degree, a class 1 The duty to register will terminate no later than the date that Juvenile reaches the age of twenty-five. See Ariz. Rev. Stat. ( A.R.S. ) § 13-3821(D) (2010). 2 We review the facts in the light most favorable to sustaining the juvenile court s orders and resolve all reasonable inferences against Juvenile. See In re John M., 201 Ariz. 424, 426, ¶ 7, 36 P.3d 772, 774 (App. 2001); State v. Kiper, 181 Ariz. 62, 64, 887 P.2d 592, 594 (App. 1994). 2 three felony, in violation of A.R.S. § 13-1507 (2010) 3; Count Two, criminal trespass in the first degree, a class six felony, in violation of A.R.S. § 13-1504(A)(1) (2010); Count Three, sexual conduct with a minor, a class two felony, in violation of A.R.S. § 13-1405(A) (2010); and Count Four, molestation of a child, a class two felony, in violation of A.R.S. § 13-1410 (2010). ¶4 Pursuant to a disposition agreement, Juvenile admitted committing Counts Two and Four. Juvenile was adjudicated delinquent, and the court dismissed Counts One and Three. At Juvenile s on disposition hearing, the court placed him intensive probation until his eighteenth birthday and ordered him to register as a sex offender for an undetermined period of time, with the duty to register to terminate no later than when Juvenile reaches the age of twenty-five. ¶5 Juvenile filed a timely notice of appeal record for from the court s disposition order. ANALYSIS ¶6 We have searched error and find none. the entire See Leon, 104 Ariz. at 300, 451 P.2d at 881; JV-117258, 163 Ariz. at 487, 788 P.2d at 1238. read and signed reversible the disposition 3 agreement. Juvenile Juvenile s We cite the current versions of the relevant criminal statutes because no revisions material to this decision have since occurred. 3 admissions were knowingly, voluntarily, and intelligently made, and supported by a factual basis. represented by proceedings, hearings, at including and disposition counsel was hearing. all the offered critical stages adjudication the The Juvenile was present and and opportunity juvenile to court of the disposition speak at proceedings the were conducted in full compliance with Juvenile s constitutional and statutory rights and the Arizona Rules of Procedure for the Juvenile Court. The disposition was within the juvenile court s authority A.R.S. under §§ 8-341(A)(1) (Supp. 2009) and 13- 3821(D), and Rule 30. ¶7 After obligations the pertaining filing to of this Juvenile s decision, representation counsel s in this appeal have ended. Counsel need do no more than inform Juvenile of the the status of appeal and his future options, unless counsel s review reveals an issue appropriate for petition for review to the Arizona Supreme Court. See State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984). Juvenile has thirty days from the date of this decision to proceed, if he desires, with a pro per petition for review. Juv. Ct. 107(A). 4 See Ariz. R.P. CONCLUSION ¶8 Finding adjudication and no error, disposition we affirm placing the juvenile Juvenile on court s intensive probation until his eighteenth birthday and requiring him to register as a sex offender for an undetermined period of time, with the duty to register terminating no later than Juvenile s twenty-fifth birthday. _____________/S/_____________ LAWRENCE F. WINTHROP, Judge CONCURRING: _____________/S/_________________ MAURICE PORTLEY, Presiding Judge ____________/S/__________________ MARGARET H. DOWNIE, Judge 5

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