And, the trial court had no other information before it suggesting any other basis for ordering him to register as a sex offender. The court's dismissal was based on its conclusion that the superior court had lacked jurisdiction when, in 2004, it ordered Espinoza to register as a condition of his probation and that the order therefore was void. Because the warrantless breath test to which Navarro submitted did not violate any provision of the United States or Arizona Constitutions, according to our highest respective courts, the exclusionary rule is inapplicable to this case.3. 133821(D). 18 However, a superior court may require a juvenile who has been adjudicated delinquent for an act that would constitute an offense specified in either 133821(A) or (C) to register as a sex offender. Web, 513 F.2d 140, 146 (9th Cir. 20 In determining whether a challenge to a court's power to act on a specific matter sounds as a jurisdictional question, we begin with the premise that our respective state courts have no threshold jurisdiction to hear and determine any type of case unless expressly authorized to do so by Arizona's constitution or by statute. So characterized, it would be merely a procedural error in the context of the court's appropriate jurisdictional authority to resolve an adult felony matter. 4 Under the Fourth Amendment to the United States Constitution, suppression was not required here because, as Birchfield held, a warrantless breath test is allowed as a search incident to a lawful DUI arrest. No. You already receive all suggested Justia Opinion Summary Newsletters. The juvenile is charged as an adult with an offense listed in 13501. WebCourt of Appeals. When Navarro filed his suppression motion below, he acknowledged that our now vacated decision in State v. Valenzuela, 237 Ariz. 307, 350 P.3d 811 (App. Court of Appeals - Arizona Judicial Branch Again, Espinoza pleaded guilty and was sentenced to 2.5 years' imprisonment. CORP Website The Arizona Court of Appeals was established in 1965 and is the intermediate appellate court for the state. We assume trial courts know the law in the absence of evidence to the contrary. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The trial court in the instant case did not err in finding the original order void or in concluding Espinoza not only has no duty to register as a sex offender in the future, but never has had such a duty. Arizona has two appellate courts: the court of appeals is the intermediate appellate court and the Supreme Court is the court of last resort. The court of appeals was established in 1965 as the first level of appeal up from superior court. It has two divisions: Division One in Phoenix (16 judges) and Division Two in Tucson (six judges). 5 After Espinoza echoed his attorney's comments, the trial court asked, Are you sure? [Y]ou know, you were supposed to register? D20201560 The Honorable Stay up-to-date with how the law affects your life. 33 Accordingly, neither the trial court's original order compelling Espinoza to register as a sex offender nor Espinoza's two subsequent felony convictions for failing to abide by that order, support the indictment in the instant case. 8 For the foregoing reasons, the convictions and sentences are affirmed. 2 CACR 20110214. The presentence report prepared for Espinoza's sentencing listed his prior adjudication for sexually molesting his younger half-sister, as reported by Espinoza, and noted that he had failed to register as a sex offender with the Arizona Department of Public Safety. You may contact the Clerk of the Court at (520) 628-6954.
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