In Re Anthony A.
1 CA-JV 16-0037
| Ariz. Ct. App. | Feb 14, 2017Background
- Juvenile (Anthony A.) was charged in juvenile court with child abuse, two counts of aggravated assault, and disorderly conduct; he denied the charges at the advisory hearing.
- The State moved to transfer prosecution to adult court under A.R.S. § 8-327 and Juvenile objected.
- The court ordered a transfer investigation and a psychological evaluation; the psychologist concluded there was inadequate time for rehabilitation before Juvenile’s 18th birthday.
- At the transfer hearing Juvenile attempted to enter an admission under Rule 28; the court declined and proceeded with the transfer hearing under Rule 34.
- The juvenile court granted the State’s motion and transferred Juvenile for adult prosecution; Juvenile appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Juvenile could admit the charges at the transfer hearing to avoid transfer | Rule 28 allows an admission at a hearing and Juvenile sought to admit to the allegations at the transfer hearing | Rule 28 applies only to advisory hearings; transfer hearing is governed by Rule 34 and the juvenile court retains discretion to decide transfer | The court held Rule 28 does not apply at transfer hearings; Juvenile could not avoid the court’s independent transfer determination by seeking to admit at the transfer hearing |
Key Cases Cited
- In re Mario L., 190 Ariz. 381 (App. 1997) (describing a transfer motion as waiving juvenile court jurisdiction to remand for adult prosecution)
- State v. Superior Court, 180 Ariz. 384 (App. 1994) (juvenile court must determine transfer question and cannot be divested of that jurisdiction)
- In re Reymundo F., 217 Ariz. 588 (App. 2008) (addresses deferred acceptance of an admission made at an advisory hearing under Rule 28)
- In re Maricopa Cty. Juv. Action No. JV-508488, 185 Ariz. 295 (App. 1996) (juvenile proceedings generally not governed by criminal rules except to protect constitutional rights)
- In re Maricopa Cty. Juv. Action No. JV-500210, 177 Ariz. 3 (App. 1993) (equal protection does not require treating juveniles the same as adults)
- Alejandro v. Harrison, 223 Ariz. 21 (App. 2009) (no constitutional right requiring a court to accept an offer of guilt)
- State ex rel. Romley v. Superior Court, 170 Ariz. 339 (App. 1991) (transfer decisions rest within the juvenile court’s independent discretion)