Opinion
2 CA-JV 2013-0071
09-06-2013
IN RE RICARDO S.
Law Office of Thomas E. Higgins By Thomas E. Higgins Attorney for Minor
NOTICE: THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES. See Ariz. R. Supreme Court 111(c); ARCAP 28(c); Ariz. R. Crim. P. 31.24
MEMORANDUM DECISION
Not for Publication Rule 28, Rules of Civil Appellate Procedure
APPEAL FROM THE SUPERIOR COURT OF SANTA CRUZ COUNTY
Cause No. JV2012173
Honorable Kimberly A. Corsaro, Judge Pro Tempore
AFFIRMED
Law Office of Thomas E. Higgins
By Thomas E. Higgins
Tucson
Attorney for Minor
ECKERSTROM, Judge.
¶1 Pursuant to a plea agreement, appellant Ricardo S. admitted having possessed drug paraphernalia. The juvenile court adjudicated Ricardo delinquent and placed him on a six-month term of probation. Counsel has filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), State v. Leon, 104 Ariz. 297, 451 P.2d 878 (1969), and State v. Clark, 196 Ariz. 530, 2 P.3d 89 (App. 1999). See also 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 his review, "there is no issue of arguable merit in this case."
¶2 We agree with counsel's assessment. The record supports the juvenile court's findings that Ricardo's admission to having possessed drug paraphernalia was knowing, voluntary, and intelligent and that he provided an adequate factual basis to support those admissions. See A.R.S. § 13-3415(A), (F)(2). And the record establishes the court appropriately exercised its discretion in placing Ricardo on probation. See A.R.S. § 8-341(A)(1)(b), (B); Ariz. R. P. Juv. Ct. 31(A); In re John G., 191 Ariz. 205, ¶ 8, 953 P.2d 1258, 1260 (App. 1998) ("We will not disturb a juvenile court's disposition order absent an abuse of discretion.").
¶3 The juvenile court's adjudication and disposition are affirmed.
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PETER J. ECKERSTROM, Judge
CONCURRING: ________
VIRGINIA C. KELLY, Presiding Judge
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PHILIP G. ESPINOSA, Judge