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STATE v. AGUNDEZ-MARTINEZ

No. CR-23-0053-PR.

540 P.3d 1205 (2024)

STATE of Arizona, Appellee, v. Jose Adrian AGUNDEZ-MARTINEZ, Appellant.

Supreme Court of Arizona.

Filed January 10, 2024.

Attorney(s) appearing for the Case

Kristin K. Mayes , Arizona Attorney General, Alexander W. Samuels (argued), Principal Deputy Solicitor General, Alice M. Jones , Deputy Solicitor General, Section Chief of Criminal Appeals, Joshua C. Smith , Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Dori L. Zavala , Zavala Law Offices, LLC, Scottsdale, Attorneys for Jose Adrian Agundez-Martinez.

Gary Kula, Maricopa County Public Defender, Mikel Steinfeld, Zachary Stern, Deputy Public Defenders, Phoenix, Attorneys for Amicus Curiae Maricopa County Public Defender's Office.

Molly Brizgys (argued), Mitchell Stein Carey Chapman, PC, Phoenix, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Rachel H. Mitchell, Maricopa County Attorney, Nicholas Klingerman, Quinton S. Gregory, Deputy County Attorneys, Attorneys for Amicus Curiae Maricopa County Attorney's Office.

VICE CHIEF JUSTICE TIMMER authored the Opinion of the Court, in which JUSTICES BOLICK, LOPEZ, BEENE, MONTGOMERY, KING and BERCH (RETIRED) joined. JUSTICE MONTGOMERY authored a separate opinion.

¶1 Since 1931, we have held that the state may prosecute adults for criminal offenses they committed as juveniles. See Burrows v. State, 38 Ariz. 99, 111, 297 P. 1029 (1931), vacated on other grounds by State v. Hernandez, 83 Ariz. 279, 282, ...

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