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STATE EX REL. ROMLEY v. SUPERIOR COURT

No. 1 CA-SA 90-255.

170 Ariz. 339 (1991)

823 P.2d 1347

The STATE of Arizona, ex rel. Richard M. ROMLEY, Maricopa County Attorney, Petitioner, v. SUPERIOR COURT of the State of Arizona, In and For the COUNTY OF MARICOPA, Honorable James McDougall a judge thereof, Respondent Judge, JUVENILE SUBJECT TO MARICOPA COUNTY JUVENILE ACTION NO. J-117523, Real Party in Interest.

Court of Appeals of Arizona, Division 1, Department E.

Review Denied February 19, 1992.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Atty. by Deanie Reh, Deputy County Atty., Phoenix, for petitioner.

Henry J. Florence, Ltd. by Sherry Bell, Phoenix, for real party in interest.

Robert K. Corbin, Atty. Gen. by Bonnie E. Elber, Asst. Atty. Gen., Phoenix, for respondent Judge.

OPINION

FIDEL, Presiding Judge.

Is the juvenile court bound to transfer a juvenile for criminal prosecution as an adult when the state and the juvenile have stipulated, as part of a plea agreement, that such a transfer should occur? Or does the juvenile court have the responsibility, independent of the parties' agreement, to determine whether a transfer serves the best interests of the juvenile and the state?

These questions are presented in this...

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