In re Manuel C.
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NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.S 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 Manuel C. DIVISION ONE FILED: 07-13-2010 PHILIP G. URRY,CLERK BY: GH 1 CA-JV 10-0117 DEPARTMENT C MEMORANDUM DECISION (Not for Publication Rule 103(G) Ariz. R.P. Juv. Ct.; Rule 28 ARCAP) Appeal from the Superior Court in Yuma County Cause No. S1400JV20090109 The Honorable John N. Nelson, Judge AFFIRMED Jon Smith, Yuma County Attorney By Mark Hessinger, Deputy County Attorney Attorney for Appellee Yuma Michael A. Breeze, Yuma County Public Defender By John A. Cicala, Deputy Public Defender Attorney for Appellant Yuma K E S S L E R, Judge ¶1 Manuel C. ( Juvenile ) filed an Anders appeal from the superior court s acceptance of his plea agreement and subsequent disposition. See Anders v. California, 386 U.S. 738 (1967); In re Maricopa County Juv. Action No. JV-117258, 163 Ariz. 484, 485-87, 788 P.2d 2135, 1236-38 (App. 1989). accepted his plea of violating The superior court probation and delinquency resulting from the possession of marijuana while on intensive probation and committed him to a minimum stay of six months in the Arizona Department of Juvenile Corrections ( ADJC ). have searched the record for fundamental error. We Finding none, we affirm the superior court s adjudication of delinquency and disposition. FACTUAL AND PROCEDURAL HISTORY ¶2 The probation State alleging filed that a petition Juvenile to revoke violated the Juvenile s terms of his probation by (1) possessing marijuana, (2) possessing marijuana for sale, and subsequently revocation (3) filed alleging possessing an drug paraphernalia. additional that Juvenile petition violated The for the State probation terms of his probation by (1) failing to attend school and failing to notify his probation officer of his failure to attend school, (2) violating his curfew and failure to specify his whereabouts in a JIPS note, and (3) possessing writings related to the Varrio Soma Gang . The State also filed a petition that Juvenile be adjudicated delinquent alleging that he (1) possessed marijuana for sale, (2) possessed marijuana, 2 and (3) possessed drug paraphernalia. The offenses alleged in each petition occurred on the same date. ¶3 Prior to accepting Juvenile s plea, the superior court determined that he was making the plea knowingly, intelligently, and voluntarily. the charges, The court informed Juvenile of the nature of the nature and range of possible dispositions including the likelihood of commitment if he pled responsible, and Juvenile s constitutional rights, including the right to contest the charges, the right to counsel if he chose to contest the charges, the right to the presumption of innocence, the right to cross-examine witnesses and present evidence, and the right to remain silent. ¶4 After the colloquy and plea, Juvenile admitted that he possessed marijuana. Juvenile admitted that he placed the marijuana into several separate baggies and possessed it for sale. Juvenile also admitted that the separate baggies he placed the marijuana into were drug paraphernalia. ¶5 The superior court accepted Juvenile s plea regarding (1) possessing marijuana, (2) possessing marijuana for sale, and (3) possessing drug paraphernalia on the termination petition and to possession of marijuana on the new delinquency petition. The remaining charges were dismissed with prejudice. ¶6 Prior pre-disposition to sentencing, report and the a 3 superior supplemental court received a pre-disposition report. The supplemental pre-disposition report recommended commitment to ADJC for a minimum stay of six months. The court stated that it had considered the report and was following its recommendation because no other service Juvenile under the circumstances. counsel and permitted to speak. was appropriate for Juvenile was represented by The superior court committed Juvenile to ADJC until his 18th birthday with a minimum stay of six months. Court has Juvenile filed a timely notice of appeal. jurisdiction pursuant to Arizona Revised This Statutes ( A.R.S. ) section 8-235(A) (2007) and Arizona Rule of Procedure for the Juvenile Court 103(A). ANALYSIS ¶7 This Court fundamental error. no meritorious has that grounds it the entire record for After careful review of the record, we find Juvenile s disposition. determined reviewed was for reversal or modification of The plea has a factual basis, the court knowing, intelligent, and voluntary, Juvenile was represented by counsel at all critical stages, the proceeding was conducted in accordance with the Arizona Rules of Procedure for the Juvenile Court, and the disposition was within the range permitted by statute. ¶8 Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85, 684 P.2d 154, 156-57 (1984), appellant s counsel s obligations in this appeal are at an end. Counsel need do no more than 4 inform Juvenile future options, appropriate for of the unless status counsel s submission petition for review. of to the the appeal review and Juvenile s reveals Arizona Supreme an issue Court by See Ariz. R.P. Juv. Ct. 107(A); see also Ariz. R.P. Juv. Ct. 107(J). CONCLUSION ¶9 For the foregoing reasons, we affirm the superior court s acceptance of Juvenile s plea agreement and disposition. /S/ DONN KESSLER, Judge CONCURRING: /S/ MARGARET H. DOWNIE, Presiding Judge /S/ PETER B. SWANN, Judge 5
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