In re Jacob 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 JACOB S. ) ) ) ) ) ) ) _________________________________) DIVISION ONE FILED: 10-12-2010 RUTH WILLINGHAM, ACTING CLERK BY: GH 1 CA-JV 10-0023 DEPARTMENT E MEMORANDUM DECISION (Not for Publication Ariz. R.P. Juv. Ct. 103(G); ARCAP 28) Appeal from the Superior Court of Mohave County Cause No. JV2008-4135 The Honorable Derek Carlisle, Judge Pro Tempore AFFIRMED Carlene Lacy, Acting Mohave County Public Defender By Melissa A. Puett Attorneys for Jacob S. Kingman Matthew J. Smith, Mohave County Attorney s Office By Deborah L. Herbert, Attorneys for Appellee Kingman T H O M P S O N, Judge ¶1 Jacob S. (juvenile) appeals from the juvenile court s determination adjudicating indecent exposure. him We affirm. delinquent on one count of ¶2 A petition was filed counts of sex-related crimes. charging juvenile with eight The charges included four counts of sexual conduct with a minor and four counts of molestation of a child, all class 2 felonies. At the time of the incidents juvenile was thirteen; the victims were juvenile s six year-old brother and sister. Juvenile was alleged to have made oral, vaginal and anal contact with his siblings. ¶3 Juvenile filed a motion to suppress his confession, which was made at the police station, after Miranda warnings, when he was being interviewed with his parents permission and with an adult relative of his choosing present. The juvenile court found juvenile was not in custody and denied the motion to suppress. ¶4 Juvenile pled to indecent exposure, a class 6 felony, with the other charges being dropped. Juvenile admitted to the factual basis for the charge. The juvenile court stated quite frankly, I am convinced that the child the juvenile did more than commit an indecent exposure. However, that is what he admitted to . . . and the State dismissed the eight considerably more serious charges. juvenile on intensive The judge accepted the plea, put the probation ordered him to register as a and, among sex offender. other conditions, Term 5 of the disposition agreement stipulated that juvenile was giving up any 2 and all motions, defenses and appeals from issues that were or could have been raised by accepting the plea. ¶5 Juvenile argues on appeal that the court erred in not finding a Miranda violation and in ordering him to register as a sex offender. On review, we determine de novo whether the court erred in its application of the law. Schwab v. Ames Constr., 207 Ariz. 56, 60, ¶ 17, 83 P.3d 56, 60 (App. 2004). We review the juvenile court s factual determinations in the light most favorable to sustaining the adjudication. See In re Julio L., 197 Ariz. 1, 2-3, 3 P.3d 383, 384-85 (2000). ¶6 The voluntarily, Ariz. R.P. record. juvenile and Juv. court found intelligently waived Ct. and 28(C)(5), juvenile his that rights is knowingly, pursuant supported by Juvenile s Miranda argument has been waived. to the See State v. Jackson, 118 Ariz. 270, 273, 576 P.2d 129, 132 (1978) (citation omitted) ( A guilty plea would have waived any inquiry into [Miranda warnings] on appeal. ) Further, after accepting an admission of guilt for indecent exposure, a class 6 felony pursuant to Arizona Revised Statutes (A.R.S.) § 13-1402, the juvenile court was within its discretion to order juvenile to register as a sex offender. ¶7 See A.R.S. § 13-3821(C). We find that the evidence presented was sufficient to 3 adjudicate juvenile delinquent and his disposition was within the legal limits. Accordingly, we affirm. /S/ _______________________________ JON W. THOMPSON, Judge CONCURRING: /S/ _______________________________ SHELDON H. WEISBERG, Presiding Judge /S/ _________________________________ PETER B. SWANN, Judge 4
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