In re the Appeal in Maricopa County Juvenile Action No. J-87432

616 P.2d 97, 126 Ariz. 422, 1980 Ariz. App. LEXIS 500
CourtCourt of Appeals of Arizona
DecidedAugust 19, 1980
DocketNo. 1 CA-JUV 123
StatusPublished

This text of 616 P.2d 97 (In re the Appeal in Maricopa County Juvenile Action No. J-87432) 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 No. J-87432, 616 P.2d 97, 126 Ariz. 422, 1980 Ariz. App. LEXIS 500 (Ark. Ct. App. 1980).

Opinion

OPINION

WREN, Judge.

The juvenile has appealed from an order of the Superior Court-Juvenile Division in Maricopa County revoking his probation and committing him to the State Department of Corrections. We affirm.

The following are presented as grounds for the appeal:

1. The juvenile’s admissions to the allegations of two delinquency petitions, which resulted in his being adjudicated a delinquent child, were not properly accepted as having been knowingly, voluntarily and intelligently made.
2. The juvenile’s admission to having violated the terms of probation, which resulted in the revocation of his probation and commitment to the State Department of Corrections, was not properly accepted as having been knowingly, voluntarily and intelligently made.

The record reflects that the original delinquency petition was filed on August 10, 1978. At the adjudication hearing on September 8, 1978, the juvenile admitted the charge of curfew violation. The only record of the proceeding is the minute order of the juvenile court referee:

The juvenile having been readvised of his constitutional rights and dispositional alternatives, individually and through counsel, offers an admission to Count I, curfew violation. The Court interrogates the juvenile, finds there is factual basis that his admission is made knowingly, voluntarily, and intelligently. The Court, therefore, accepts the admission, finds the allegations are true, and the juvenile is delinquent.

[423]*423At the subsequent disposition hearing on October 18, 1978, the referee recommended that the juvenile be placed on probation in the custody of Eighth Place Center.

Thereafter on October 25, 1978, a second delinquency petition was filed, charging possession of stolen property. At the advisory hearing conducted on October 25, 1978, the juvenile waived counsel and admitted the allegations of this second petition. Again the admission was accepted by the referee. The record of the proceedings was a minute order stating that:

“Parties are advised of constitutional rights:
The right to a trial, the right to confront and cross-examine witnesses, the right to call witnesses in the juvenile’s behalf, the right to remain silent.
Parties are advised of the right to be represented by counsel at any point in the proceedings against the juvenile, and of the right to court appointed counsel if indigent.
They waive counsel. The Court determines that the juvenile is capable of making a voluntary, knowing and intelligent waiver of counsel, and is aware of the consequences of an admission in that at the time of disposition hearing the options to the Court could range anywhere from rendering continued probation with placement in the home, probation with placement outside the home or a commitment to the State Department of Corrections. The juvenile, with the concurrence of his parents offers an admission to the petition. The Court interrogates the juvenile, satisfied there is a factual basis for the admission, that the admission is freely given, that no threats or promises were made to the juvenile. The Court accepts the admission and on the basis thereof FINDS [the juvenile] to be delinquent in need of further services of the Court.”

At a disposition hearing held on December 4, 1978, the juvenile was continued on probation in the custody of Eighth Place Center.

Two violations of probation petitions were thereafter filed. The second, dated July 24, 1979, charged: Count I, joyriding; and Count II, leaving the scene of an accident. An adjudication-disposition hearing was conducted on September 19, 1979, during which the juvenile entered an admission to Count I. The admission was accepted by the juvenile court referee and Count II was dismissed. The referee’s minute order reflects the nature of his interrogation of the juvenile at this proceeding:

“The juvenile is advised of the following Constitutional rights: the right to trial, to confront and cross-examine witnesses to call witnesses in juvenile’s own behalf, to testify, and to remain silent. The juvenile is advised of disposition alternatives, including probation, placement outside the home, or commitment to the State Department of Corrections until the age of 21. The juvenile indicates an understanding of these matters and individually and through counsel offers an admission to Count I of the petition.
The Court interrogates the juvenile and finds there is a factual basis for the admission, that the admission is made knowingly, voluntarily and intelligently. The Court accepts the admission and therefore FINDS the allegations of Count I of the petition are true and that the juvenile is in violation of probation.”

At the conclusion of the hearing the referee recommended that the juvenile be committed to the State Department of Corrections until age 21, unless sooner released pursuant to law. This recommended disposition was affirmed by the juvenile court on November 1, 1979.

It is the juvenile’s argument on appeal that this record fails to comport with the minimal requirements of due process required by In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967); In the Matter of the Appeal in Maricopa County Juvenile Action No. J-86715, 122 Ariz. 300, 594 P.2d 554 (1979); and that his admissions of September 8, 1978 and October 25, 1978 do not provide a constitutionally sufficient basis for the resulting adjudication of delinquency. He urges that there is no material difference between the record of these proceedings and the record which was found to [424]*424be insufficient by this Court In the Matter of the Appeal in Maricopa County Juvenile Action No. J-86715; and requests that this cause be remanded for a hearing to determine whether at the time of the admissions he was aware of the rights he was giving up and the consequences of an admission.

Juvenile makes the same argument to the admission of having violated the terms of probation, asserting that, although the referee’s minute order recites compliance with the law in determining that he was aware of the rights he was waiving and the consequences thereof, the minute order was not materially different from the minute orders of the adjudication proceedings.

Basically, juvenile relies on In the Matter of the Appeal in Maricopa County Juvenile Action No. J-86715, which held that a juvenile admission must comport with the requirements of Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 724 (1969). In response, the state points out that the Boykin requirement was established for adult cases in State v. Rios, 113 Ariz. 30, 545 P.2d 954 (1976), and that that case was held to be prospective only in State v. Sten-rud, 113 Ariz. 327, 553 P.2d 1201 (1976), and State v. Price, 27 Ariz.App. 673, 558 P.2d 701

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Related

In Re GAULT
387 U.S. 1 (Supreme Court, 1967)
Boykin v. Alabama
395 U.S. 238 (Supreme Court, 1969)
State v. Davis
539 P.2d 897 (Arizona Supreme Court, 1975)
State v. Rios
545 P.2d 954 (Arizona Supreme Court, 1976)
State v. Stenrud
553 P.2d 1201 (Arizona Supreme Court, 1976)
State v. Rodriguez
540 P.2d 665 (Arizona Supreme Court, 1975)
State v. Price
558 P.2d 701 (Court of Appeals of Arizona, 1976)
In Re the Appeal in Maricopa County Juvenile Action No. J-86715
594 P.2d 554 (Court of Appeals of Arizona, 1979)
State v. Watson
586 P.2d 1253 (Arizona Supreme Court, 1978)
In Re the Appeal in Maricopa County Juvenile No. J-86509
604 P.2d 641 (Arizona Supreme Court, 1979)

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Bluebook (online)
616 P.2d 97, 126 Ariz. 422, 1980 Ariz. App. LEXIS 500, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-in-maricopa-county-juvenile-action-no-j-87432-arizctapp-1980.