Opinion
No. 2 CA-JV 2015-0104
10-13-2015
IN RE M.R.
COUNSEL Steven Sonenberg, Pima County Public Defender By Susan C. L. Kelly, Assistant Public Defender, Tucson Counsel for Minor
THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G).
Appeal from the superior Court in Pima County
No. JV18832902
The Honorable Richard E. Gordon, Judge
AFFIRMED AS CORRECTED
COUNSEL Steven Sonenberg, Pima County Public Defender
By Susan C. L. Kelly, Assistant Public Defender, Tucson
Counsel for Minor
MEMORANDUM DECISION
Judge Howard authored the decision of the Court, in which Presiding Judge Vásquez and Judge Brammer concurred. HOWARD, Judge:
The Hon. J. William Brammer, Jr., a retired judge of this court, is called back to active duty to serve on this case pursuant to orders of this court and our supreme court.
¶1 Pursuant to M.R.'s admission of allegations set forth in a March 7, 2015, delinquency petition, the juvenile court adjudicated seventeen-year-old M.R. delinquent on two counts of attempted aggravated assault of a peace officer resulting in physical injury, aggravated assault of a police officer, assault causing fear of physical injury, and disorderly conduct. The court placed M.R. on probation until his eighteenth birthday, to be served as follows: standard probation at Sycamore Canyon Academy to be followed by juvenile intensive probation upon successful completion of the Sycamore Canyon program. ¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967). See In re Maricopa Cnty. Juv. Action No. JV-117258, 163 Ariz. 484, 486, 788 P.2d 1235, 1237 (App. 1989) (juveniles adjudicated delinquent have constitutional right to Anders appeal). Counsel states that, based on her review of the record, "[t]he only arguable issue which appears to exist in this delinquency appeal is [] whether the trial court abused its discretion in ordering out-of-home placement at Sycamore Canyon Academy." She asks us to review the record for fundamental error.
Counsel also contends "a thorough review of the case appears to indicate that this is not a meritorious issue which can be argued in a formal appellate brief."
¶3 Based on our review, we find no reversible error. See State v. Thompson, 229 Ariz. 43, ¶ 3, 270 P.3d 870, 872 (App. 2012). We view the evidence in the light most favorable to upholding the juvenile court's orders. See In re John M., 201 Ariz. 424, ¶ 7, 36 P.3d 772, 774 (App. 2001). So viewed, we find no error in the court's conclusion that M.R. provided a factual basis to establish that, in the course of a family dispute in 2015 during which the police were summoned, M.R. caused physical injury to two police officers while trying to prevent them from restraining him, placed his grandmother and a third officer in apprehension of imminent physical injury, and disturbed the peace of the family household by fighting. The court also found M.R.'s admissions were made knowingly, voluntarily, and intelligently.
¶4 The evidence is sufficient to support the juvenile court's findings of delinquency. See A.R.S. §§ 13-1001, 13-1204(A)(8)(a), 13-1203(A), 13-2904(A)(1). The record also establishes the court soundly exercised its broad discretion in determining the appropriate disposition. See In re Themika M., 206 Ariz. 553, ¶ 5, 81 P.3d 344, 345 (App. 2003) (juvenile court has broad discretion to determine appropriate disposition of minor adjudicated delinquent and its determination will not be reversed absent abuse of discretion).
We refer to the statutes in effect at the time of M.R.'s offenses. See 2011 Ariz. Sess. Laws, ch. 90, § 6. --------
¶5 In our review of the record for fundamental error, we have discovered that although the disposition minute entry states the victim in count three suffered physical injury, based on the delinquency petition, the plea agreement, and the transcript of the adjudication hearing, this appears to be a clerical error. We thus order the May 5, 2015, disposition minute entry corrected to remove any reference of physical injury to the victim in count three.
¶6 Pursuant to our obligation under Anders, we have reviewed the record in its entirety. See Thompson, 229 Ariz. 43, ¶ 3, 270 P.3d at 872. We have found no arguable issues warranting further appellate review. See id. We therefore affirm the juvenile court's adjudication and disposition as corrected.