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In re D.M.

ARIZONA COURT OF APPEALS DIVISION TWO
Sep 25, 2020
No. 2 CA-JV 2020-0077 (Ariz. Ct. App. Sep. 25, 2020)

Opinion

No. 2 CA-JV 2020-0077

09-25-2020

IN RE D.M.

COUNSEL Sarah Michèle Martin, Tucson Counsel for Minor


THIS DECISION DOES NOT CREATE LEGAL PRECEDENT AND MAY NOT BE CITED EXCEPT AS AUTHORIZED BY APPLICABLE RULES.
NOT FOR PUBLICATION
See Ariz. R. Sup. Ct. 111(c)(1); Ariz. R. Civ. App. P. 28(a)(1), (f); Ariz. R. P. Juv. Ct. 103(G).

Appeal from the Superior Court in Pima County
No. JV20190652
The Honorable Ken Sanders, Judge Pro Tempore

AFFIRMED

COUNSEL

Sarah Michèle Martin, Tucson
Counsel for Minor

MEMORANDUM DECISION

Judge Eckerstrom authored the decision of the Court, in which Presiding Judge Eppich and Judge Espinosa concurred.

ECKERSTROM, Judge:

¶1 Pursuant to a plea agreement, fifteen-year-old D.M. admitted to committing criminal damage. The juvenile court adjudicated him delinquent and placed him on probation for twelve months. At a subsequent restitution hearing, the court ordered that D.M. pay $20,000 in damages to the victim and its insurance company. He appealed the restitution order.

¶2 Counsel has filed a brief in compliance with Anders v. California, 386 U.S. 738 (1967), stating she has "conscientiously reviewed the entire record on appeal and has been unable to find any arguable question of law that is not frivolous." See In re Maricopa Cty. Juv. Action No. JV-117258 , 163 Ariz. 484, 485-87 (App. 1989) (affording juveniles adjudicated delinquent Anders-type review on appeal). Consistent with State v. Clark, 196 Ariz. 530, ¶ 30 (App. 1999), counsel has provided "a detailed factual and procedural history of the case, with citations to the record," and has asked us to search the record for reversible error.

¶3 Viewed in the light most favorable to upholding the juvenile court's order, see In re J.U., 241 Ariz. 156, ¶ 2 (App. 2016), the evidence presented at the restitution hearing supports the award of $20,000 in damages to the victim and its insurance company. The court's restitution order is consistent with the plea agreement and is statutorily authorized. See A.R.S. § 8-344(A); see also In re William L., 211 Ariz. 236, ¶ 12 (App. 2005) (trial court has broad discretion in setting restitution based on facts of case).

¶4 Pursuant to our obligation under Anders, we have searched the record for reversible error and have found none. Accordingly, we affirm the juvenile court's restitution order.


Summaries of

In re D.M.

ARIZONA COURT OF APPEALS DIVISION TWO
Sep 25, 2020
No. 2 CA-JV 2020-0077 (Ariz. Ct. App. Sep. 25, 2020)
Case details for

In re D.M.

Case Details

Full title:IN RE D.M.

Court:ARIZONA COURT OF APPEALS DIVISION TWO

Date published: Sep 25, 2020

Citations

No. 2 CA-JV 2020-0077 (Ariz. Ct. App. Sep. 25, 2020)