NOTICE: NOT FOR OFFICIAL PUBLICATION.

UNDER ARIZONA RULE OF THE SUPREME COURT 111(c), THIS DECISION IS NOT PRECEDENTIAL

AND MAY BE CITED ONLY AS AUTHORIZED BY RULE.

IN THE

ARIZONA COURT OF APPEALS

DIVISION ONE

IN RE ANTHONY A.,

No. 1 CA-JV 16-0337

Appeal from the Superior Court in La Paz County

No. S1500JV201600017

The Honorable Samuel E. Vederman, Judge

AFFIRMED

COUNSEL

Carr Law Office PLLC, Parker

By Sandra Carr

Counsel for Appellant

La Paz County Attorney’s Office, Parker

By Rachel Shackelford

Counsel for Appellee

MEMORANDUM DECISION

Judge Margaret H. Downie delivered the decision of the Court, in which 

Presiding Judge Diane M. Johnsen and Judge James P. Beene joined.

D O W N I E, Judge:
IN RE ANTHONY A.

Decision of the Court

2

¶1 Anthony A. (“Juvenile”) appeals the juvenile court’s order 

transferring him for adult criminal prosecution. For the following reasons, 

we affirm.

FACTS AND PROCEDURAL HISTORY

¶2 The State filed a four-count delinquency petition against 

Juvenile on May 26, 2016, alleging one count of child abuse, two counts of 

aggravated assault, and one count of disorderly conduct. Juvenile denied 

the charges at a May 27, 2016 advisory hearing. 

¶3 On June 10, 2016, the State filed a Motion to Transfer to Adult 

Jurisdiction pursuant to Arizona Revised Statutes (“A.R.S.”) section 8-327 

and Rule of Procedure for the Juvenile Court 34. Juvenile objected to the 

motion. The court set a transfer hearing for July 8, 2016, ordered the 

probation officer to conduct a transfer investigation and submit a report, 

and directed Juvenile to submit to a psychological and/or psychiatric 

evaluation. At Juvenile’s request, the transfer hearing was continued to 

July 26. Before that hearing, the court received a report from the evaluating 

psychologist, who opined that “[t]here does not remain adequate time for 

rehabilitative impact prior to [Juvenile’s] 18th birthday.”1 

¶4 Citing Rule 28, Juvenile attempted to enter an admission to 

the delinquency charges at the outset of the July 26 transfer hearing. The 

court ruled that Juvenile could not do so and proceeded with the transfer 

hearing. At the conclusion of the hearing, the court granted the motion to 

transfer Juvenile for adult prosecution. Juvenile timely appealed. We have 

jurisdiction pursuant to Article 6, Section 9, of the Arizona Constitution,

A.R.S. § 8-235(A), and Rule 103.

DISCUSSION

¶5 As he did in the juvenile court, Juvenile relies on Rule 28 in 

asserting that he was entitled to admit the delinquency charges at the 

transfer hearing. But by its express terms, Rule 28 applies only to advisory 

hearings, stating, in pertinent part:

C. Procedure. At the advisory hearing the court shall:

. . .

 

1 Juvenile’s date of birth is August 30, 1998. 
IN RE ANTHONY A.

Decision of the Court

3

7. Determine whether the juvenile wishes to admit or deny 

the allegations;

a. Admission. If the juvenile wishes to admit to allegations, 

the court shall accept the admission or plea if supported by a 

factual basis and a finding that the juvenile knowingly, 

intelligently and voluntarily waives the rights enumerated 

above. . . . 

As noted supra, Juvenile denied all charges at his advisory hearing. The 

subsequent transfer hearing was governed by Rule 34, which does not 

address admissions. 

¶6 More fundamentally, a transfer motion asks the juvenile court 

to “waive its jurisdiction and remand a child under age 18 to the adult court 

for prosecution.” In re Mario L., 190 Ariz. 381, 383 (App. 1997). We have 

previously held that “the juvenile court cannot be divested of jurisdiction 

to determine the transfer question.” State v. Superior Court, 180 Ariz. 384, 

387 (App. 1994); see also A.R.S. § 8-327(B) (“On request of the state that a 

juvenile be transferred, the court shall hold a transfer hearing before the 

adjudication hearing.” (Emphasis added.)).

¶7 Juvenile’s reliance on In re Reymundo F., 217 Ariz. 588 (App. 

2008), is unavailing. Reymundo addresses an admission a juvenile made at 

an advisory hearing but which the court deferred for acceptance —

something Rule 28(E) expressly permits. 217 Ariz. at 591, ¶ 9. Juvenile’s 

citation to the Arizona Rules of Criminal Procedure fares no better. Those 

rules are generally inapplicable to juvenile proceedings, except where 

necessary to protect a party’s constitutional rights. In re Maricopa Cty. Juv. 

Action No. JV-508488, 185 Ariz. 295, 299 (App. 1996); see also In re Maricopa 

Cty. Juv. Action No. JV-500210, 177 Ariz. 3, 5 (App. 1993) (“[T]he concept of 

equal protection does not require that the state always treat juveniles in the 

same manner as adults.”). Juvenile is not asserting a constitutional 

violation in this case. Cf. Alejandro v. Harrison, 223 Ariz. 21, 23, ¶ 8 (App. 

2009) ([T]here is “no constitutional right mandating that a court accept an 

offer of guilt.”). 

¶8 Juvenile could not negate the juvenile court’s exercise of 

independent discretion to determine whether to waive its jurisdiction by 

entering an admission at his transfer hearing. See State ex rel. Romley v. 

Superior Court, 170 Ariz. 339, 342 (App. 1991) (transfer decisions are 

entrusted to juvenile court’s independent discretion); see also Reymundo F., 

217 Ariz. at 591, ¶ 9 (A juvenile’s proposed interpretation of Rule 28 “would 
IN RE ANTHONY A.

Decision of the Court

4

deprive the state of its right, found in statute and rule, to seek a transfer of 

the juvenile for adult prosecution.”). 

CONCLUSION

¶9 For the foregoing reasons, we affirm the ruling of the superior 

court.