In Re the Appeal in Maricopa County Juvenile Action No. JV-110720

752 P.2d 519, 156 Ariz. 430, 5 Ariz. Adv. Rep. 14, 1988 Ariz. App. LEXIS 80
CourtCourt of Appeals of Arizona
DecidedMarch 29, 1988
Docket1 CA-JUV 412
StatusPublished
Cited by14 cases

This text of 752 P.2d 519 (In Re the Appeal in Maricopa County Juvenile Action No. JV-110720) 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. JV-110720, 752 P.2d 519, 156 Ariz. 430, 5 Ariz. Adv. Rep. 14, 1988 Ariz. App. LEXIS 80 (Ark. Ct. App. 1988).

Opinion

OPINION

FIDEL, Judge.

The juvenile in this case was charged with second degree burglary, theft, and criminal damage. Pursuant to a plea agreement, he was pronounced guilty of second degree burglary and found to be delinquent. The juvenile court followed recommendations of the juvenile’s probation officer and examining psychologist to commit the juvenile to the Department of Corrections. The court additionally ordered him to pay $177 in restitution. The juvenile filed a timely appeal.

The juvenile admits that he committed the burglary, but claims that the sentencing court abused its discretion in committing him to the Department of Corrections; the court failed, he claims, to adequately assess mitigating circumstances such as his age, mental condition, and past social and family history.

The disposition of a delinquent juvenile is within the discretion of the juvenile court under A.R.S. § 8-241(A)(2). See Juvenile Appeal J-78070, 24 Ariz.App. 248, 537 P.2d 976 (1975). The juvenile court’s disposition will not be disturbed absent a clear abuse of discretion. Juvenile Appeal J-86715, 122 Ariz. 300, 594 P.2d 554 (App. 1979).

The juvenile correctly asserts that the sentencing court should consider not only the circumstances of the offense but mitigating factors such as the character and past conduct of the offender. See State v. Miller, 120 Ariz. 224, 585 P.2d 244 (1978). However, the record in this case demonstrates that the juvenile court was aware of and took into consideration the juvenile’s age (14 years), his transient lifestyle, and his unstable family life. The court also properly noted and considered the psychological evaluation and testimony of Gregory Young, Ph.D., a court-appointed psychologist. Dr. Young commented on the juvenile’s high “potential for further acting out in an aggressive, hostile manner against others” and his “highly delinquent personality profile, one which is becoming increasingly more sociopathic in time.” He reported that the juvenile should “be considered a danger to society.” Pronouncing it “doubtful that any form of outpatient counseling will prove effective,” Dr. Young recommended “that the subject be seriously considered for commitment to the State Department of Corrections with an eye towards residential treatment in a confined setting for the long term.”

Upon this evidence we find no abuse of discretion in the trial court’s commitment of the juvenile to the Department of Cor *432 rections. We turn to the trial court’s order of restitution.

As reflected by the trial court’s minute entry of April 30, 1987, the juvenile “agreed that restitution will remain available on all counts adjudicated or dismissed.” Such an agreement is permissible. See State v. Phillips, 152 Ariz. 533, 534, 733 P.2d 1116, 1117 (1987). However, we find no indication that the juvenile was advised, prior to the trial court’s acceptance of his guilty plea, of the specific amount or approximate range of restitution.

In State v. Crowder, 155 Ariz. 477, 747 P.2d 1176 (1987), State v. Phillips, 152 Ariz. 533, 733 P.2d 1116 (1987), and State v. Lukens, 151 Ariz. 502, 729 P.2d 306 (1986), our supreme court discussed restitution in the context of adult criminal guilty pleas. In Lukens and Phillips, the court determined that a pleading adult must be aware, within a range of reasonable approximation, of the restitution liability flowing from his plea in order to knowingly agree to pay restitution. In Crowder the court added that a pleading defendant’s inadequate knowledge of his restitution exposure will only render a plea agreement involuntary where such knowledge would have been consequential to the defendant’s decision whether or not to enter the plea. The court wrote that “a defendant should not be allowed to vacate a plea bargain unless the information he lacked was actually relevant to the decisionmaking process.” 155 Ariz. at 481, 747 P.2d at 1180.

In Juvenile Appeal J-985, 155 Ariz. 249, 745 P.2d 996 (App.1987), Division Two of this court vacated an order of restitution because the juvenile court failed, before accepting a juvenile’s guilty plea, to adequately inform him of the restitution that might follow from his plea. The court stated:

The landmark United States Supreme Court decision In re Gault, 387 U.S. 1, 87 S.Ct. 1428, 18 L.Ed.2d 527 (1967), held that constitutional due process guarantees apply in juvenile proceedings, specifically providing a minor with the right to counsel and the Fifth Amendment privilege against self-incrimination. Because Gault requires juveniles generally to be afforded the same protections as adults in similar situations, we believe the standards set forth in Boykin v. Alabama, 395 U.S. 238, 89 S.Ct. 1709, 23 L.Ed.2d 274 (1969), dealing with adult pleas of guilty are likewise applicable to juveniles who admit delinquency allegations in juvenile court. Cf. Maricopa County Juvenile Court Action No. J-72804, 18 Ariz.App. 560, 504 P.2d 501 (1972).

At 250, 745 P.2d at 997.

The court concluded that a juvenile, like an adult, must be reasonably aware of his restitution obligation in order to knowingly agree to pay restitution. We adopt and follow that portion of the court’s holding.

The court went on to contrast A.R.S. § 13-603(C), which mandates court-ordered restitution upon convictions in adult proceedings, with A.R.S. § 8-241(C)(l), the juvenile restitution statute. The latter statute provides:

C. The court shall, after considering the nature of the offense and the age, physical and mental condition and earning capacity of the child, order the following dispositions for a delinquent child, either as exclusive dispositions or in addition to the dispositions provided by subsection A, paragraph 2 of this section:
1. To make full or partial restitution

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Bluebook (online)
752 P.2d 519, 156 Ariz. 430, 5 Ariz. Adv. Rep. 14, 1988 Ariz. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-appeal-in-maricopa-county-juvenile-action-no-jv-110720-arizctapp-1988.