Court of Appeals of Arizona, First Division, Department B
Not for Publication – Rule 111, Rules of the Arizona Supreme Court
Appeal from the Superior Court in Mohave County Cause No. S8015CR20080719 The Honorable Steven F. Conn, Judge
Thomas C. Horne, Attorney General Phoenix by Joseph T. Maziarz, Chief Counsel, Criminal Appeals/Capital Litigation Division and Michael T. O'Toole, Assistant Attorney General Attorneys for Appellee
Jill L. Evans, Mohave County Appellate Defender Kingman Attorney for Appellant
SAMUEL A. THUMMA, Judge
¶1 Defendant James Alexander Delarosa challenges the revocation of his probation for an aggravated assault conviction. For the reasons set forth below, the revocation is affirmed.
FACTS AND PROCEDURAL HISTORY
¶2 After being charged with aggravated assault of a peace officer, Delarosa pled guilty to aggravated assault, a Class 6 undesignated felony. On October 27, 2008, Delarosa was placed on supervised probation for three years, with various terms including 300 hours community restitution but no jail time. The court allowed Delarosa's counsel to withdraw as attorney of record in November 2008.
¶3 For many months, Delarosa apparently complied with his probation obligations. In November and December 2010, however, Delarosa twice tested positive for marijuana use and failed to drug test as directed on three other occasions. After Delarosa and his probation officer discussed an "intermediate sanction, " his probation officer wrote and Delarosa signed the following letter:
This officer is considering petitioning the Court to have you serve 15 days in the Mohave County Jail as an Intermediate Sanction.
This officer has reason to believe you have violated your probation and I am considering filing a Petition to Revoke Probation. If a Petition to Revoke Probation is filed, you may be arrested or summoned to appear in Court for these alleged violations of your probation.
However, if you feel the Intermediate Sanction of 15 days in the Mohave County Jail is in your best interest, you may sign below. If you do not oppose this action and your probation will be modified by the court, then the alleged violations will not be brought against you if any future Court action is initiated.
I [Delarosa] do not oppose serving 15 days in the Mohave County Jail as an Intermediate Sanction.
On January 4, 2011, Delarosa's probation officer filed a petition and proposed order with the superior court indicating Delarosa had violated probation by testing positive for marijuana and failing to test; stating a belief that 15 days in jail would be an appropriate intermediate consequence; stating the Mohave County Attorney's Office had no objection to the consequence and noting Delarosa "has signed the attached letter stating that he does not oppose the Intermediate ...