from the Superior Court in Pinal County No. S1100JV201400051
The Honorable Daniel A. Washburn, Judge
IN PART; VACATED IN PART AND REMANDED
William G. Montgomery, Maricopa County Attorney By Karen
Sciarrotta, Deputy County Attorney, Mesa Counsel for State
Sabrina Ayers Fisher, Maricopa County Public Advocate By
Colleen Engineer, Deputy Public Advocate, Phoenix Counsel for
Presiding Judge Vásquez authored the opinion of the
Court, in which Chief Judge Eckerstrom and Judge Miller
VÁSQUEZ, Presiding Judge:
R.E. appeals from juvenile court orders adjudicating him
delinquent for criminal damage and placing him on juvenile
intensive probation (JIPS). R.E. argues the evidence was
insufficient to prove he acted with the mental state of
recklessness required to find him culpable for criminal
damage. For the following reasons, we affirm the court's
delinquency adjudication, but we vacate the disposition and
remand the case for a new disposition hearing.
and Procedural Background
In March 2015, the Maricopa County Attorney filed a
delinquency petition alleging R.E., then eleven years old,
had "recklessly defaced or damaged vehicles"
belonging to others in September 2014, in violation of
Arizona's criminal-damage statute. The instant case was
assigned Maricopa County Cause No. JV598741, and, after an
adjudication hearing held in February 2016, the juvenile
court found R.E. delinquent as charged. On April 7, 2016, the
court transferred the matter to Pinal County for disposition.
While this case was pending in Maricopa County, R.E. was the
subject of additional delinquency petitions in Pinal County,
assigned Pinal County Cause No. S1100JV201400051. In that
case, on April 12, 2016, R.E. admitted allegations that he
had committed burglary on November 12, 2015, and misdemeanor
theft on June 28, 2015. At the admissions hearing, the Pinal
County Juvenile Court advised R.E. that he had been
classified as a first-time felony juvenile offender as a
result of the instant case and would be classified as a
repeat felony juvenile offender as a result of his admissions
in the Pinal County matter.
In considering the two matters consolidated for disposition,
the juvenile court placed R.E. on JIPS, stating that standard
probation was "not an option." The court told R.E.,
who was thirteen at the time, that it had "no discretion
in that regard, " because imposition of JIPS was
"mandatory" when a juvenile had multiple felony
We view the evidence at the adjudication hearing in the light
most favorable to sustaining the juvenile court's
adjudication order. In re David H., 192 Ariz. 459,
¶ 3, 967 P.2d 134, 135 (App. 1998). So viewed, the
record established that a group of children were walking to
school through an alley when R.E. and two other boys began
picking up "really big rocks" and throwing them
over a wall into the parking lot of an apartment complex. A
woman who lived nearby heard "crashing noises, "
saw the rocks being thrown, and went outside, where she found
rocks next to her neighbors' damaged vehicles.
When a Mesa police officer later asked R.E. what had
happened, he said he and two other boys were throwing rocks
and trying to hit two cars in the parking lot. R.E. told the
officer that D., who was described as eight or nine years old
at the time, was "actually aiming for the red car but
missed the red car and was hitting the white car." R.E.
did not think any of the rocks he had thrown had ...