In re the Appeal in Maricopa County, Juvenile Action

523 P.2d 84, 22 Ariz. App. 33, 1974 Ariz. App. LEXIS 400
CourtCourt of Appeals of Arizona
DecidedJune 13, 1974
DocketNO. J-72918-S; No. 1 CA-JUV 15
StatusPublished
Cited by2 cases

This text of 523 P.2d 84 (In re the Appeal in Maricopa County, Juvenile Action) 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 the Appeal in Maricopa County, Juvenile Action, 523 P.2d 84, 22 Ariz. App. 33, 1974 Ariz. App. LEXIS 400 (Ark. Ct. App. 1974).

Opinions

OPINION

DONOFRIO, Presiding Judge.

This is an appeal under the Juvenile Court Rules of Procedure, Rules 24 through 28, 17A A.R.S., from an order of the Juvenile Court of Maricopa County entered November 28, 1973, revoking probation and committing the appellant to the Arizona Department of Corrections.

As background, on February 15, 1972 a petition alleging five counts of delinquent acts involving offenses of glue and aerosol paint sniffing, appearance in a public place under the influence of their toxic vapors, and destruction of property (setting fire to trash), was filed against appellant herein. He appeared with his mother before the Juvenile Court referee who informed him and his mother of the charges alleged in the petition and of their constitutional rights in the matter. Thereafter the juvenile admitted all the counts of the petition. The referee adjudged him a delinquent child, ■ made him a ward of the court, and placed him on probation under the protective supervision of the Juvenile Probation Office under the care of his parents and under the standard terms of probation which were set forth in an exhibit. There was no appeal from the referee’s order and it was routinely approved by the Juvenile Court Judge. Thereafter, on November 24, 1972 a three-count petition, again involving glue sniffing, appearance in a public place under the influence of sniffing, and entering private property and raising the hood of a motor car (trespassing), was filed. [34]*34This petition was processed, the juvenile admitting Counts I and II (Count III dismissed), and he was continued on probation. Then on February 2, 1973 a new petition alleging glue sniffing was signed. Upon his admission of the charge, a finding of delinquency was made and the matter was assigned to a probation officer pending disposition. Thereafter the court continued him on-probation.

The instant appeal arises from a supplemental petition filed October 22, 1973 alleging possession of a motor vehicle while knowing, or having reason to know or believe, it had been stolen. This petition alleged that the offense charged was in violation of the terms of his probation. A hearing to determine violation of probation, at which the. juvenile's father was present, was held. The Judge found that the allegations of the petition were true and that the appellant was in violation of the terms of his probation and committed him to the State Department of Corrections. This appeal followed.

Appellant originally listed two grounds of appeal, namely:

1. The court did not find delinquency beyond a reasonable doubt, and
2. There is no evidence to support a finding of possession of a stolen motor vehicle knowing it to be stolen.

By supplemental brief two additional grounds were added which raised questions regarding the admission of statements by the juvenile when he had not been given proper warnings and that the court should have held a hearing and determined whether the statements were voluntary.

We first consider grounds 1 and 2. Under ground 1 appellant argues two issues; first, that the Juvenile Court had no jurisdiction to commit a child to the Department of Corrections on the basis of a previous adjudication of delinquency in which a disposition of the child had already been made; second, that in order for the court to make a different of new disposition the evidence must show the commission of the new offense charged beyond a reasonable doubt even though it be the basis of a revocation of probation.

That the court has jurisdiction to commit a child to the Department of Corrections for violation of probation on the basis of a previous adjudication of delinquency has been decided by this Court in In the Matter of the Appeal in Maricopa County, Juvenile Action No. J — 72752, 21 Ariz.App. 414, 520 P.2d 327 (1974). We need only reiterate that the so-called prior “disposition” was the placing of the juvenile on probation and does not preclude the revocation of that probation.

The basic philosophy of juvenile court handling is individualized justice and treatment and the calling upon the multitude of sciences and services to assist the court in effecting a correction of the child’s problems. The value of probation in this regard is unquestioned. As we stated in Juvenile J — 72752, supra: “If there was an absence of a probation system each child found to be ‘a delinquent or incorrigible child’ [A.R.S. § 8-241 (A) (2)] would have to be released with no corrective supervision or confined to an institution for juveniles.” 520 P.2d at 329.

We hold therefore that a court is not prevented from placing a juvenile on probation and thereafter revoking probation for valid reasons. The court may then make a different disposition so long as it is within the law.

We next consider the second part of the first ground which deals with the quantum of proof necessary in this case .to revoke probation. In re Winship, 397 U. S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970), stands for the proposition that proof beyond a reasonable doubt is required during the adjudicatory stage when a juvenile is charged with the commission of a delinquent act which is defined as a criminal offense. Such is the situation in the instant case. The juvenile was charged by a petition which alleged the violation of the criminal statute, A.R.S. § 28-1423, which is a delinquent act. Rule 10 of the Juvenile Court Rules of Proce[35]*35dure provides that proceedings for revocation of probation shall be initiated and processed under the general rules as provided for in delinquency actions. This procedure was followed here. The petition alleged a violation of probation, by the commission of a delinquent act which was regularly set for an adjudicatory hearing. Rule 17(a)(1) of the rules provides that the quantum of proof in delinquency matters is beyond a reasonable doubt. By the nature of the petition this is a delinquency matter.

As we read Winship if the adjudication relates to a petition alleging a criminal offense, i. e., a charge of delinquency, proof of the criminal charge beyond a reasonable doubt is constitutionally required. See also, In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967). The court speaks of an adjudication of a delinquency proceeding. There can be little question that the hearing on the instant petition was a hearing to determine whether a delinquent act was committed. The first delinquency petition filed in February 1972 was to give the Juvenile Court jurisdiction over the juvenile. The last petition was for the purpose of revoking probation. Whether it be the basis of obtaining jurisdiction of the juvenile in the first place, or is the basis of a revocation of probation, it is nevertheless an adjudication of a petition alleging a delinquent act within the meaning of Rule 17(a)(1).

The court in Winship was determining the adjudicatory stage of a delinquency proceeding when holding that proof beyond a reasonable doubt is required. Justice Brennan, in the beginning of the majority opinion, stated:

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Related

In re the Appeal in Maricopa County, Juvenile Action No. J-82718-S
568 P.2d 1130 (Court of Appeals of Arizona, 1977)

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523 P.2d 84, 22 Ariz. App. 33, 1974 Ariz. App. LEXIS 400, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-in-maricopa-county-juvenile-action-arizctapp-1974.