In re Robert M.

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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 ROBERT M. ) ) ) ) ) ) ) ) ) ) 1 CA-JV 10-0059 DIVISION ONE FILED: 08/26/2010 RUTH WILLINGHAM, ACTING CLERK BY: GH DEPARTMENT B MEMORANDUM DECISION (Not for Publication Ariz. R.P. Juv. Ct. 103(G); ARCAP 28) Appeal from the Superior Court in Maricopa County Cause No. JV177413 The Honorable Jo Lynn Gentry-Lewis, Judge AFFIRMED Richard M. Romley, Acting Maricopa County Attorney By Jeffrey W. Trudgian, Deputy County Attorney Appeals Bureau Chief Attorneys for Appellee James J. Haas, Maricopa County Public Defender By Suzanne W. Sanchez, Deputy Public Defender Attorneys for Appellant Phoenix Mesa N O R R I S, Judge ¶1 Robert M. appeals from his adjudication of delinquency and disposition for misdemeanor assault. After searching the record and finding no arguable question of law that was not frivolous, Robert M. s counsel filed a brief in accordance with 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, 788 P.2d 1235 (App. 1989), asking this court to search the record for fundamental error. After reviewing the entire record, we find no fundamental error and, therefore, affirm the adjudication and disposition. FACTS AND PROCEDURAL HISTORY 1 ¶2 On February 9, 2009, Robert M. struck the victim in the head at a bus stop in Phoenix. After holding an evidentiary hearing on November 23, 2009, the juvenile court adjudicated Robert M. delinquent misdemeanor. on one charge of assault, a class one On March 4, 2010, the juvenile court placed Robert M. on probation and ordered him to pay $250 in restitution to the victim. He timely appealed. DISCUSSION ¶3 We have reviewed error and find none. 881. Substantial adjudication. the entire record for reversible See Leon, 104 Ariz. at 300, 451 P.2d at evidence supported the juvenile court s Robert M. testified he struck the victim but was acting in self-defense. The victim, the victim s girlfriend, and a bus driver, however, testified they saw Robert M. strike 1 [W]e view the evidence in the light most favorable to sustaining the adjudication. In re John M., 201 Ariz. 424, 426, ¶ 7, 36 P.3d 772, 774 (App. 2001) (citing In re Julio L., 197 Ariz. 1, 2-3, ¶ 6, 3 P.3d 383, 384-85 (2000)). 2 the victim and Robert M. was the initial aggressor. was represented proceedings, stages. M. s by and counsel he was at all stages personally of present the at Robert M. disposition all critical The court imposed an appropriate disposition for Robert adjudication. See Ariz. Rev. Stat. ( A.R.S. ) §§ 8- 341(A)(1)(a), -344(A) (2010). CONCLUSION ¶4 We decline to order briefing and affirm the court s adjudication of delinquency and disposition. ¶5 Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), Robert M. s counsel s obligations in this appeal are at an end. Counsel need do no more than inform Robert M. of the status of the appeal and his future options, unless counsel s review reveals an issue appropriate for submission review. to the Arizona Supreme Court by petition for See Ariz. R.P. Juv. Ct. 107(A), (J). /s/ __________________________________ PATRICIA K. NORRIS, Judge CONCURRING: /s/ ________________________________ JOHN C. GEMMILL, Presiding Judge /s/ ________________________________ MAURICE PORTLEY, Judge 3

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