A.D.T. v. State

630 So. 2d 165
CourtCourt of Criminal Appeals of Alabama
DecidedDecember 3, 1993
DocketCR 92-1455
StatusPublished
Cited by14 cases

This text of 630 So. 2d 165 (A.D.T. v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
A.D.T. v. State, 630 So. 2d 165 (Ala. Ct. App. 1993).

Opinion

BOWEN, Presiding Judge.

The appellant, 17-year-old A.D.T.,1 was charged by petition with first degree rape. The State filed a motion to transfer the appellant to circuit court for prosecution as an adult. After a hearing, the Tuscaloosa Juvenile Court granted the State’s motion and ordered the transfer. In this appeal from that order, the appellant contends that “the juvenile court’s consideration of several factors under § 12-15-34(d) of the Alabama Code of 1975 lacked a rational basis”; that the juvenile court “displayed arbitrary and capricious reasoning”; and that these alleged shortcomings “led to a judgment that was clearly erroneous.” Appellant’s brief at 5.

“In order to transfer a juvenile, § 12-15-34 requires, first, that there be probable cause to believe that the child committed the offense alleged (a felony), and, second, at the dispositional phase of the hearing, that it is in the best interest of the child or the public to grant the motion to transfer.” Ex parte J.R., 582 So.2d 444, 446-47 (Ala.) (Kennedy, J., dissenting from the quashing of a writ of certiorari), cert. denied, — U.S. -, 112 S.Ct. 122, 116 L.Ed.2d 90 (1991). In reviewing the dispositional phase of a juvenile court’s transfer order, this Court must determine whether the order to transfer is supported by “clear and convincing evidence.” See id. at 449; A W.M. v. State, 627 So.2d 1148, 1152 (Ala.Cr.App.1993); D.D.P. v. State, 595 So.2d 528, 536 (Ala.Cr.App.1991); O.M. v. State, 595 So.2d 514, 526 (Ala.Cr.App.1991), cert. quashed, 595 So.2d 528 (Ala.1992).

The appellant’s transfer hearing was conducted jointly with that of codefendant X.D. [167]*167At this hearing, the 15-year-old victim testified that she had attended a party with several friends on March 20, 1993. She stated that while she was talking to A.W., a male friend, in the bedroom of the apartment where the party was being held, four juveniles forced their way into the room. The victim identified three of these juveniles as X.D., Q.D., and the appellant. She stated that A.W. left the room with the juvenile whose name she did not know and that X.D., Q.D. and the appellant then forcibly removed her clothing. Although she “was saying for them to stop and [to] leave [her] alone,” R. 17, the appellant and Q.D. held her down on the bed while X.D. had forcible intercourse with her.

The victim stated that the appellant said that he was next, and that, after an argument with Q.D., he “got on top of [her] and began trying to have sex with [her].” R. 19. However, A.W. and a female friend of the victim’s came into the room and stopped him. The victim testified that the appellant did not have sex with her. She also denied on cross-examination that she had told the investigating officer that the appellant did have sex with her. She explained: “I said that [the appellant] tried to have sex with me. He probably did not hear what I said.” R. 71.

Tuscaloosa County Deputy Sheriff Tommy Squires testified that hospital personnel who examined the victim after the incident “indicated that there was the presence of semen.” R. 81. He also stated on cross-examination that the victim had told him that the appellant had had sex with her. Deputy Squires testified that X.D., after being informed of his juvenile rights, gave a statement in which he denied raping anyone. According to X.D.’s statement, he, Q.D., and another juvenile kicked down the bedroom door and saw A.W. having sex with the victim. Although Deputy Squires indicated that the appellant also made a statement, that statement was not introduced at the transfer hearing.

The appellant had been adjudicated delinquent on another charge and was on probation from that adjudication at the time of the instant offense. His probation officer, Phil Wilson, prepared the report required for the transfer hearing. See Ala.Code 1975, § 12-15-34(e). This report contains the following information:

“Extent and Nature of the Child’s Prior Delinquent Record
“[A.D.T.] has three (3) prior petitions alleging delinquency in the Juvenile Court of Tuscaloosa County. Of these 3, one [charging third degree assault] has been adjudicated, one [also charging third degree assault] has been dismissed, and one [charging third degree theft] was disposed of by way of consent decree, which technically continues the case without adjudication, given certain terms and condition to be complied with....
“Past Treatment Efforts and Child’s Response to Such Efforts
“On November 6, 1990, [A.D.TJ was charged with the theft of one package of cigarettes from A & P food store ($1.61 value of stolen merchandise). [A.D.T.] was given a consent decree on 1-31-91 for this offense. He was 14 years of age when this offense occurred. [A.D.T.] completed the six months’ supervision by way of consent decree without further court intervention. “On September 9, 1992, [A.D.T.] was charged with assaulting [C.P.] by hitting her in the face during a fight. As a result of this adjudication, [A.D.T.] was placed on formal probation with the Juvenile Court. As a condition of his probation, he was ordered to successfully complete the C.I.T.Y. [Community Intensive Treatment for Youth] Program. C.I.T.Y. is an alternative educational placement designed for those students who have trouble in the regular public school setting. During his C.I.T.Y. Program experience, he was alleged to have used drugs while on the school bus. However, this allegation was dismissed due to very weak evidence. The termination from C.I.T.Y. would have to be considered unsuccessful due to additional charges being filed while enrolled. The staff at C.I.T.Y. report that [A.D.T.’s] behavior and performance was mostly poor, with occasional good days.
“Demeanor
“[A.D.T.] is a physically average young man of 17. He has no physical characteristics which are of note. On the whole, he [168]*168has always been cooperative with this writer, and has always verbally expressed a desire to improve his behavior. However, his actions have not always been in conjunction with his verbiage. His relationship with his mother and other persons in authority is quite suspect. His mother regularly expresses to this writer her frustration with [A.D.T.’s] behavior.
“Extent and Nature of Child’s Physical and Mental Maturity
“[A.D.T.’s] physical size, as mentioned above, is probably average for his age. He is approximately 5'6" tall and weighs 134 lbs. These figures were taken from the most recent physical examination given to [A.D.T.] while being detained in juvenile detention. To the knowledge of this writer, there has been no psychological testing done on [A.D.T.]. His formal status with the court has been so short that none has been necessary to this point. From an observational viewpoint, [A.D.T.] seems to have average intelligence, but performs below average due to his behavioral low functioning.
“Interest of the Community and of the Child Requiring/Not Requiring that the Child he Placed Under Legal Restraint or Discipline
“[A.D.T.] is a [17-] year-old black male who has been known to and supervised formally by the Juvenile Court of Tuscaloosa County since January 1993. Although he has been known to the court on matters not of a delinquent nature, his delinquent status is very short term.

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ADT v. State
630 So. 2d 165 (Court of Criminal Appeals of Alabama, 1993)

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Bluebook (online)
630 So. 2d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/adt-v-state-alacrimapp-1993.