Arizona Supreme Court: No. CR-23-0053-PR Filed January 10, 2024
State v. Agundez-Martinez
ISSUES: Whether Arizona law prohibits prosecuting adults for crimes committed when they were juveniles under 14 years old, based on interpretation of the statutes implementing Proposition 102 (1996) regarding juvenile offenses.
The issue of whether sentencing an adult for offenses committed as a preadolescent juvenile constitutes cruel and unusual punishment under the Eighth Amendment, and the length of sentence under DCAC constitutes cruel and unusual punishment were left unaddressed by the Court as neither party petitioned for review of those holdings.
DEICION: Arizona law does not prohibit prosecuting adults for crimes committed when they were juveniles under 14. The post-Proposition 102 legislation did not change the state’s ability to prosecute adults for crimes committed as juveniles. Whether an offense is treated as a “delinquent act” or prosecuted criminally depends on the offender’s status at the time proceedings are initiated.
CONCURRANCE: Justice Montgomery concurred fully with the majority opinion but wrote separately to suggested careful consideration of which sentencing enhancement allegations the State may pursue and highlighted the county attorney’s discretion in determining charges and prosecution strategy.