In Re Brittany Y – 11/16/2006
Arizona Court of Appeals Division One Affirms Delinquency Based on Unauthorized Removal of Electronic Monitoring Bracelet.
Brittany Y challenged the delinquency adjudication of the juvenile court on the charge of escape, stemming from her unauthorized removal of the electronic monitoring bracelet she had been ordered to wear as a condition of probation on a previous shoplifting charge. The Court of Appeals held that removal of the bracelet did constitute an “escape” from custody, within the meaning of ARS 13-2502(A). The Court further held that even though the ankle bracelet had been imposed on her as the result of a previous probation violation for the shoplifting delinquency, her wearing of the bracelet rendered her “in custody” for shoplifting, the underlying offense and that the probation violation for which the bracelet-wearing was imposed, did not constitute a separate offense.
Judge Gemmill authored the opinion, in which Judges Thompson and Ehrlich concurred.