State of Arizona v. Lee L.N., 236 Ariz. 377

L.N., born July 1998, admitted to and was adjudicated delinquent on two separate class 6 felony charges (possession/use of marijuana and possession of drug paraphernalia) and had earlier misdemeanor adjudications; juvenile court issued first- and repeat-felony notices.
In 2014 the State charged L.N. as an adult with two felonies and filed a chronic-felony-offender notice under A.R.S. § 13-501, alleging two prior and separate felony adjudications that would be historical prior felony convictions if tried as an adult.
L.N. moved to have the court find he was not a chronic felony offender, arguing prosecutorial charging policies meant the prior offenses would have been misdemeanors for adults and raising an equal-protection theory; juvenile court denied redesignation requests.
The superior-court respondent judge found the State failed to prove two separate prior felony adjudications and further held the State had not shown the prior adjudications "would have been felonies" if committed by an adult, and remanded L.N. to juvenile court.
The State sought special-action relief; the Court of Appeals accepted jurisdiction, reviewed statutory interpretation and record issues, and granted relief, reversing the respondent judge.

Issue	State's Argument	L.N.'s Argument	Held
Whether the State proved two prior and separate felony adjudications/dispositions under §13-501(H)(2)	Minute entries and felony-adjudication notices show two distinct delinquency adjudications; State met its burden	Cause numbers consolidated under one juvenile file mean only one adjudication; some records not before respondent	Court: minute entries and notices establish two separate adjudications; respondent's finding to contrary was clearly erroneous and an abuse of discretion
Whether class 6 felony delinquency adjudications count as "historical prior felony convictions" when prosecutorial policy might have charged adults with misdemeanors	The statute’s plain text treats class 6 felonies as qualifying historical prior felonies; prosecutorial/judicial discretion to designate as misdemeanor does not change the felony nature of an adjudication	Because county policy sometimes charges similar adult conduct as misdemeanors, State must prove the prior adjudications ‘‘would have been felonies’’ for adults	Court: §13-501 and §13-105(22) are plain; class 6 felonies qualify as historical prior felony convictions regardless of charging discretion; respondent erred by requiring proof of how adults would have been charged

In re Marquardt, 161 Ariz. 206 (1989) (prosecutorial charging discretion does not alter whether conduct is punishable as a felony)
State v. Russell, 226 Ariz. 416 (App. 2011) (class 6 felony remains a felony for purposes of proof despite potential post-conviction designation as misdemeanor)
State v. Clough, 171 Ariz. 217 (App. 1992) (look to defendant’s conduct to determine whether offense could be punishable as a felony in Arizona without regard to charging discretion)
State v. Rodriguez, 205 Ariz. 392 (App. 2003) (chronic-felony-offender determination is a factual finding reviewed for clear error)
State v. Davolt, 207 Ariz. 191 (2004) (discussing origins and purpose of §13-501 under the Juvenile Justice Initiative)