Opinion
No. 1 CA-JV 16-0489
06-15-2017
IN RE JULIAN L.
COUNSEL Preciado Law Firm PLC, Phoenix By Stephanie Preciado Counsel for Appellant Maricopa County Attorney's Office, Phoenix By Diane Meloche Counsel for Appellee
NOTICE: NOT FOR OFFICIAL PUBLICATION. UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.
Appeal from the Superior Court in Maricopa County
No. JV200722
The Honorable Utiki Spurling Laing, Judge Pro Tempore
AFFIRMED
COUNSEL
Preciado Law Firm PLC, Phoenix
By Stephanie Preciado
Counsel for Appellant
Maricopa County Attorney's Office, Phoenix
By Diane Meloche
Counsel for Appellee
MEMORANDUM DECISION
Presiding Judge Peter B. Swann delivered the decision of the court, in which Judge Kent E. Cattani and Judge Donn Kessler joined.
SWANN, Judge:
¶1 This is an appeal under Anders v. California, 386 U.S. 738 (1967), and State v. Leon, 104 Ariz. 297 (1969), from Julian L.'s (the "juvenile['s]") delinquency adjudication and disposition for possession of marijuana. We have reviewed the record for fundamental error. See Anders, 386 U.S. 738; Smith v. Robbins, 528 U.S. 259 (2000); State v. Clark, 196 Ariz. 530 (App. 1999); In re Maricopa Cnty. Juv. Action No. JV-117258, 163 Ariz. 484, 487 (App. 1989). Though we initially rejected counsel's request to allow the juvenile to file a supplemental brief, we later granted the motion. But the juvenile did not file a supplemental brief.
¶2 In March 2016, the juvenile was charged with one count of possession of marijuana and one count of possession of drug paraphernalia. Four months later, he was charged with theft of means of transportation. In September, he was charged with failure to stop on command and refusing to provide a driver's license on command. The juvenile entered a plea agreement under which he pled delinquent to possession of marijuana, a class six undesignated felony, which could be designated a misdemeanor upon successful completion of probation. The other charges were dismissed.
¶3 At the disposition hearing, the court noted that the juvenile was continuing to test positive for marijuana and cocaine, was not attending school, and was not complying with release conditions. In the exercise of its discretion under the plea agreement, the court ordered the juvenile detained for six days and imposed 45 days of deferred detention and eight weeks of deferred Juvenile Electronic Technological Surveillance. He was placed on standard probation beginning upon his release. The juvenile timely appeals.
¶4 We have reviewed the record and find no fundamental error. The court found that the juvenile knowingly, intelligently, and voluntarily entered into the plea agreement, and the punishment imposed is lawful.
See A.R.S. § 8-341(A)(1). The juvenile was present and represented by counsel at the critical stages.
¶5 Pursuant to State v. Shattuck, 140 Ariz. 582, 584-85 (1984), the juvenile's counsel's obligations in this appeal are at an end. Counsel need do no more than inform the juvenile of the status of the appeal and the juvenile's future options, unless counsel's review reveals an issue appropriate for submission to the Arizona Supreme Court by petition for review. See Ariz. R.P. Juv. Ct. 107(A); see also Ariz. R.P. Juv. Ct. 107(J).