Lay v. Nelson In And For County Of Yuma

436 P.3d 496, 246 Ariz. 173
CourtCourt of Appeals of Arizona
DecidedJanuary 24, 2019
DocketNo. 1 CA-SA 18-0114
StatusPublished
Cited by4 cases

This text of 436 P.3d 496 (Lay v. Nelson In And For County Of Yuma) 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
Lay v. Nelson In And For County Of Yuma, 436 P.3d 496, 246 Ariz. 173 (Ark. Ct. App. 2019).

Opinion

JOHNSEN, Judge:

¶1 A Yuma County justice court convicted Jason Wayne Lay of two misdemeanors. After the superior court affirmed his convictions, Lay petitioned for special action relief, arguing the State had not offered evidence to prove the justice court had subject-matter jurisdiction over the charges. We accept jurisdiction of his petition but deny relief. We agree with Lay that Arizona Revised Statutes ("A.R.S.") § 22-301 (2019) establishes the subject-matter jurisdiction of an Arizona justice court but conclude the evidence at his trial was sufficient to satisfy that statute.1

FACTS AND PROCEDURAL BACKGROUND

¶2 Lay was charged with harassment under A.R.S. § 13-2921(A)(1) (2019) and threatening or intimidating under A.R.S. § 13-1202(A)(1) (2019). The harassment charge was based on text messages Lay sent a woman with whom he had been in a relationship; the threatening or intimidating charge was based on evidence that Lay threatened to kill the woman's current significant other.

¶3 At the close of the State's case, Lay moved for judgment of acquittal under Arizona Rule of Criminal Procedure 20, arguing the State had failed to offer evidence that he committed the crimes within the precinct as required by A.R.S. § 22-301. The justice court denied the motion. It then convicted Lay and sentenced him to 60 days in jail.

¶4 Lay appealed to the superior court, which affirmed his convictions. After the superior court denied Lay's motion to reconsider, he filed this petition for special action.

JURISDICTION

¶5 We exercise our discretion to accept jurisdiction of this special action under Article 6, Section 9, of the Arizona Constitution, A.R.S. § 12-120.21(A)(4) (2019) and Arizona Rule of Procedure for Special Actions 1(a). Lay has no remedy by appeal, see A.R.S. § 22-375 (2019), and this case presents a question of statutory interpretation, a question of law, which is of statewide importance, see Ariz. R.P. Spec. Act. 1(a) ; State ex rel. Montgomery v. Brain , 244 Ariz. 525, 527, ¶¶ 6-7, 422 P.3d 1065, 1067 (App. 2018).

DISCUSSION

A. A.R.S. § 22-301 Establishes the Subject-Matter Jurisdiction of a Justice Court.

¶6 Section 22-301, titled "Jurisdiction of criminal actions," states in relevant part:

*498A. The justice courts shall have jurisdiction of the following offenses committed within their respective precincts:
1. Misdemeanors and....
2. Felonies, but only for the purpose of commencing action and conducting proceedings through preliminary examinations....
* * *
C. For the purposes of subsection A ... of this section, an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of such conduct occurs either:
1. Within the precinct.
2. Within [certain county parks].

¶7 Lay was convicted in the justice court for Precinct One in Yuma. He argues that court lacked subject-matter jurisdiction absent evidence that the offenses were committed "within the precinct" under § 22-301(C).

¶8 We determine subject-matter jurisdiction de novo . See State v. Flores , 218 Ariz. 407, 410, ¶ 6, 188 P.3d 706, 708-09 (App. 2008). In interpreting a statute, we first look to the measure's words, giving them their ordinary meaning unless the legislature has provided a definition. See State v. Pledger , 236 Ariz. 469, 471, ¶ 8, 341 P.3d 511, 513 (App. 2015). Additionally, when possible, "[w]e ... construe statutes to give effect to an entire statutory scheme." Backus v. State , 220 Ariz. 101, 104, ¶ 10, 203 P.3d 499, 502 (2009).

¶9 Without question, § 22-301 establishes the subject-matter jurisdiction of a justice court: "The justice courts shall have jurisdiction of the following offenses committed within their respective precincts." A.R.S. § 22-301(A). In subparts (A)(1) and (2), the statute sets out the matters (misdemeanors and felony preliminary proceedings) over which a justice court "shall have jurisdiction" when an offense is "committed within [the] respective precinct[ ]" of the court. And subpart (C) defines what it means to be "committed within" a precinct. As relevant here, "an offense is committed within the precinct of a justice court if conduct constituting any element of the offense or a result of such conduct occurs ... within the precinct."

¶10 By mandating that a justice court "shall have jurisdiction" of specific offenses when those offenses are "committed within" the precinct, the statute circumscribes the power of a justice court to exercise its jurisdiction in criminal matters. See Bruce v. State , 126 Ariz. 271, 272, 614 P.2d 813, 814 (1980) (in dictum , characterizing § 22-301 as establishing the jurisdiction of justice court); State v. Shearer , 27 Ariz. 311

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Bluebook (online)
436 P.3d 496, 246 Ariz. 173, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lay-v-nelson-in-and-for-county-of-yuma-arizctapp-2019.