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Children and Juvenile Law, Keyed to Abrams, 8th Ed.
Gammons v. Berlat
Citation:
696 P.2d 700 (1985)Facts
Benjamin Ashley Gammons, a thirteen-year-old with a mental age of approximately 9 or 10, was arrested on February 17, 1984, for sexual abuse and sexual conduct with a minor involving consensual sexual relations with a fifteen-year-old girl. A petition was filed in Pima County Juvenile Court charging him with delinquency. During trial review, Gammons denied the allegations and, through counsel, requested a hearing to determine his legal capacity to understand the wrongfulness of his conduct pursuant to A.R.S. § 13-501. The State opposed this request, arguing that the criminal code capacity provision does not apply to juvenile delinquency proceedings. Judge Pro Tempore Berlat ruled in favor of the State, finding A.R.S. § 13-501 inapplicable to delinquency proceedings. Gammons filed a special action with the Arizona Supreme Court seeking relief from this ruling.
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