Opinion
No. 2 CA-JV 2014-0099
04-03-2015
IN RE K.S.
COUNSEL Emily Danies, 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NOT FOR PUBLICATION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. JV20140008
The Honorable Richard E. Gordon, Judge
AFFIRMED
COUNSEL
Emily Danies, Tucson
Counsel for Minor
MEMORANDUM DECISION
Chief Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Miller and Judge Espinosa concurred.
ECKERSTROM, Chief Judge:
¶1 K.S. was adjudicated delinquent in March 2014 and May 2014 after he admitted committing multiple felony offenses in two delinquency petitions, one filed in January 2014, and the other in March 2014. The juvenile court placed K.S. on Juvenile Intensive Probation Supervision (JIPS) for twelve months, ordering him to complete residential substance abuse treatment and pay restitution. This appeal followed.
¶2 Appointed counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), avowing she has searched the record but has found no arguable question of law. She has requested that we give K.S. or his guardian an opportunity to file a supplemental brief. We deny that request. This court has limited the application of Anders in delinquency appeals to the requirement that we review the record for fundamental error; we do not permit a minor to file a supplemental brief. In Re Cochise Cnty. Juv. Action No. DL88-00037, 164 Ariz. 417, 419-20, 793 P.2d 570, 572-73 (App. 1990).
¶3 Pursuant to Anders and as requested, we have searched the record for fundamental, reversible error. The record supports the juvenile court's finding that K.S. knowingly, voluntarily, and intelligently admitted certain charges in connection with both petitions and provided a sufficient factual basis for those admissions. Pursuant to an oral plea agreement relating to the January 2014 delinquency petition, K.S. admitted the amended charge of solicitation to commit third-degree burglary in violation of A.R.S. §§ 13-1002 and 13-1506(A), and the charge of possession of marijuana in a drug-free school zone, in violation of A.R.S. § 13-3411(A)(2), both class six, open-ended felonies. Pursuant to a
written plea agreement, K.S. admitted in connection with the March 2014 petition, two amended charges of solicitation to commit third-degree burglary, class six open-ended felonies.
¶4 We have found no errors, fundamental or otherwise, in these adjudication proceedings. Nor have we found any error with respect to the juvenile court's disposition order, in which it placed K.S. on JIPS, requiring placement in a drug treatment facility first and, after a restitution hearing, ordering him to pay over $1,000 in restitution to four victims, less any amounts paid in the case involving other minors, and requiring his mother to pay a specified portion, jointly and severally with him.
¶5 We therefore affirm the adjudications and the disposition.