In re Harry B.

971 P.2d 203, 193 Ariz. 156, 272 Ariz. Adv. Rep. 6, 1998 Ariz. App. LEXIS 106
CourtCourt of Appeals of Arizona
DecidedJune 23, 1998
DocketNo. 1 CA-JV 98-0008
StatusPublished
Cited by3 cases

This text of 971 P.2d 203 (In re Harry B.) is published on Counsel Stack Legal Research, covering Court of Appeals of Arizona primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Harry B., 971 P.2d 203, 193 Ariz. 156, 272 Ariz. Adv. Rep. 6, 1998 Ariz. App. LEXIS 106 (Ark. Ct. App. 1998).

Opinion

GERBER, Judge.

¶ 1 Harry B. (“the juvenile”) appeals from the juvenile court’s disposition after he admitted a single count of threatening and intimidating, a class 1 misdemeanor. He challenges the court’s failure to ask if any promises had induced his admission. He also claims that the court abused its discretion in imposing particular probationary terms. We find no error in the juvenile’s admission, but we agree that the court impermissibly delegated its dispositional authority to the juvenile probation officer. We vacate the disposition and remand for further proceedings.

I. FACTUAL AND PROCEDURAL BACKGROUND

¶ 2 When the juvenile was eight years of age, the state filed a petition alleging that he had committed two counts of aggravated assault with a deadly weapon, each class 3 felonies, and.one count of threatening and intimidating, a class 1 misdemeanor. At the adjudication hearing, the juvenile agreed to admit to the sole count of threatening and intimidating, and the state agreed to seek dismissal of the other charges. The court found a knowing, voluntary, and intelligent admission and a factual basis for it.

¶ 3 The probation officer who made numerous disposition recommendations did not attend the disposition hearing. The juvenile’s counsel objected to a number of the recommendations. The court nevertheless adopted the probation officer’s recommendations, imposed forty hours of community service, ordered deferred detention, and directed that this then nine-year old child participate in two classes and in TASC if and [158]*158when ordered to do so by the probation officer. The juvenile timely appealed.1

II. DISCUSSION

A. Voluntariness of the Admission

¶4 We turn first to the allegation that the juvenile’s admission was not voluntary because the court failed to ask if any promises had induced it. When the parties presented the court with a plea agreement at the adjudication hearing, the court asked the juvenile if he understood the right to an adjudication, to confront his accusers, and to remain silent. The judge explained the charge the juvenile had agreed to admit, asked him to establish a factual basis for his admission, and asked if he had taken any medication. The court also said: “And no one forced you or threatened you to make these admissions?” The juvenile said, “No.” Because the court failed to ask explicitly if his admission was the result of any promises, the juvenile now argues that his admission to the charge was invalid. The juvenile does not contend or show that any promises actually induced the admission.

¶ 5 Juveniles are entitled to the same protections as adults when they admit the allegations of a delinquency petition. Pinal County Juv. Ac. No. J-985, 155 Ariz. 249, 250, 745 P.2d 996, 997 (App.1987). Therefore, the Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), standards apply. Under Rule 17.3, Arizona Rules of Criminal Procedure, the court must address the juvenile personally in open court and determine that the juvenile wishes to forego exercise of his constitutional rights and that the plea is voluntary and not a result of force, threats, or promises.

¶ 6 If a pleading defendant is advised of the constitutional privilege against self-incrimination, the right to a jury trial, and the right to confront his accusers, the lack of a judicial finding that no threats, duress, or promises had induced the plea will not invalidate the plea. State v. Miller, 110 Ariz. 304, 306, 518 P.2d 127, 129 (1974). “[T]he record need only show that [the plea] was voluntarily made with an understanding of the nature of the charges and the consequences of the plea.” Id. See also State v. Gourdin, 156 Ariz. 337, 338, 751 P.2d 997, 998 (App.1988) (trial judge did not ask if promises or force had induced the plea, but the record revealed defendant was advised of the rights he waived and said that he had read and understood the agreement); State v. Wesley, 131 Ariz. 246, 249, 640 P.2d 177, 180 (1982) (if record does not reveal that plea resulted from threats or promises, court’s question about free will shows voluntary nature of plea); State v. Rodriquez, 25 Ariz.App. 111, 114, 541 P.2d 574, 577 (App.1975) (the court need not use the words of Rule 17.3 if the colloquy supports the voluntariness finding).

¶ 7 The juvenile had already stated that he understood the rights he was waiving and admitted that he had threatened two youngsters with a knife. He said that no one forced or threatened him to admit his actions. The court’s failure to ask if any promises had been made did not render the admission involuntary.

B. Abuse of Judicial Discretion at Disposition

¶ 8 The juvenile next argues that the judge abused his discretion at the disposition by relying on inaccurate information and additionally improperly delegated his decision-making authority to the absent probation officer. We will not disturb the juvenile court’s disposition unless we find a clear abuse of discretion. Maricopa County Juv. Ac. No. JV-110720, 156 Ariz. 430, 431, 752 P.2d 519, 520 (1988). Although the trial court has broad powers to dispose of the matter, it may not “misapply the law or a legal principle.” Maricopa County Juv. Ac. No. JV-510312, 183 Ariz. 116, 118, 901 P.2d 464, 466 (App.1995). Because disposition of a juvenile is analogous to the sentencing of an adult, we refer to sentencing law for guidance. Id. at 119, 901 P.2d at 467.

¶ 9 As to the first of these two issues, we agree that in ordering a disposition, the court must have accurate information. [159]*159See State v. Watton, 164 Ariz. 323, 327, 793 P.2d 80, 84 (1990). The seemingly inaccurate information here concerned the location of the threatening act. The probation officer’s report states that police responded to the juvenile’s school and spoke to the assistant principal who reported that this juvenile and a companion had pulled a knife on two other students as the students were walking home from school. At the hearing, the juvenile’s mother stated that the incident had not happened at school and tried to correct the judge’s misconception about location.

¶ 10 Nothing in this record suggests that the location of the incident was important to the court’s disposition; what was important was that this juvenile had a knife, showed it to two other children, and made a threatening statement. If the only inaccuracy concerned the location, we would not overturn the disposition on this ground.

¶ 11 The juvenile also argues that the court improperly delegated its dispositional power to the probation officer.

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971 P.2d 203, 193 Ariz. 156, 272 Ariz. Adv. Rep. 6, 1998 Ariz. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-harry-b-arizctapp-1998.