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In re the Appeal in Pima County, Juvenile Action No. J-78539-2

Citations: 143 Ariz. 295; 693 P.2d 950; 1984 Ariz. App. LEXIS 525Docket: No. 2 CA-CIV 5138

Court: Court of Appeals of Arizona; July 12, 1984; Arizona; State Appellate Court

Narrative Opinion Summary

This case involves a juvenile adjudicated delinquent for burglary, theft, and aggravated assault, with the latter conviction being the focus of appeal. The charges originated from an incident where the juvenile fired shots at a deputy's vehicle, allegedly in self-defense. On appeal, the juvenile contested the aggravated assault adjudication, arguing insufficient evidence of intent to cause apprehension of harm as required by A.R.S. 13-1203 and 13-202(A). The court agreed, finding the requisite intent lacking, as the juvenile's stated purpose was to disable the vehicle, not cause apprehension of injury. The court noted that the circumstantial evidence did not align with the statutory intent requirements under A.R.S. 13-203. Consequently, the juvenile court's delinquency adjudication for assault was vacated, and the case remanded for further proceedings. Additionally, the state's appeal regarding the dismissal of an endangerment charge was dismissed for lack of jurisdiction due to procedural deficiencies. The court's decision was unanimous among the judges.

Legal Issues Addressed

Adjudication of Delinquency under Juvenile Law

Application: The juvenile was adjudicated delinquent for burglary, theft, and aggravated assault but not for endangerment, which was dismissed due to the impossibility of being guilty of both offenses simultaneously.

Reasoning: He admitted to the charges of burglary and theft, was adjudicated delinquent, and placed on probation until age eighteen.

Application of Intent under A.R.S. 13-203

Application: The court determined that the juvenile's intent to shoot at a vehicle did not meet the statutory requirements for intent under the assault charge, as the apprehension caused was not similar to the intended harm.

Reasoning: Consequently, the apprehension caused was not sufficiently similar to the intended harm to meet the requirements of A.R.S. 13-203(B)(2).

Assault under A.R.S. 13-1203

Application: The juvenile's conviction for aggravated assault was based on the premise that firing a weapon constituted intentional conduct that caused reasonable apprehension of injury.

Reasoning: The juvenile court ruled that it was sufficient to prove he intentionally fired the gun, thereby causing reasonable apprehension of injury, aligning with prior case law.

Intent Requirement under A.R.S. 13-202(A)

Application: The court found a lack of evidence showing the juvenile intended to create apprehension of imminent physical injury, which was necessary to sustain the assault charge.

Reasoning: The court found that the juvenile court erred in adjudicating the appellant delinquent for assault due to a lack of evidence showing the appellant intended to cause reasonable apprehension of imminent physical injury, as required by A.R.S. 13-202(A).

Jurisdiction on Appeal

Application: The state's failure to file a notice of appeal regarding the dismissal of the endangerment charge precluded the court from addressing the issue.

Reasoning: However, due to the failure to file a notice of appeal as per Rule 25, the court lacked jurisdiction to address this issue.