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MATTER OF APPEAL IN MARICOPA COUNTY

Nos. 1 CA-JV 96-0034, 1 CA-JV 96-0020.

187 Ariz. 419 (1996)

930 P.2d 496

In the Matter of the APPEAL IN MARICOPA COUNTY JUVENILE ACTION NOS. JV-512600 AND JV-512797.

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

Review Denied January 14, 1997.

Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Patricia A. Nigro and Elizabeth Ortiz, Deputy County Attorneys, Mesa, for Appellee.

Dean W. Trebesch, Maricopa County Public Defender by Susan G. White and Amanda McGee, Deputy Public Defenders, Mesa, for Appellants.

OPINION

GARBARINO, Judge.

This appeal presents four issues which we resolve against the juveniles. First, we hold that a juvenile can be required to submit to deoxyribonucleic acid (DNA) testing based on a delinquent act occurring prior to the enactment of Arizona Revised Statutes Annotated (A.R.S.) sections 13-4438 and 31-281. Second, A.R.S. sections 13-4438 and 31-281, which compel DNA testing, are constitutionally permissible and do not violate...

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