In re Edwin N.

575 A.2d 1016, 215 Conn. 277, 1990 Conn. LEXIS 188
CourtSupreme Court of Connecticut
DecidedJune 12, 1990
Docket13824
StatusPublished
Cited by10 cases

This text of 575 A.2d 1016 (In re Edwin N.) is published on Counsel Stack Legal Research, covering Supreme Court of Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Edwin N., 575 A.2d 1016, 215 Conn. 277, 1990 Conn. LEXIS 188 (Colo. 1990).

Opinions

Peters, C. J.

In this appeal from an order transferring a juvenile to the adult criminal docket pursuant to General Statutes § 46b-127 (l),1 the issues are the formal and substantive sufficiency of the trial court’s findings in support of the transfer order. The initial petition against the respondent, Edwin N., charged him with two counts of delinquency, because of his alleged commission of murder, in violation of General Statutes § 53a-54a, and his alleged disregard of a court order for his house arrest, in violation of General Statutes § 46b-120. The trial court thereafter granted the state’s motion for the respondent’s transfer to the regular criminal docket of the Superior Court. In accordance with the provision of § 46b-127 making such a transfer order “a final judgment for purposes of appeal”; [279]*279see also In re Bromell G., 214 Conn. 454, 460-61, 572 A.2d 352 (1990); the respondent has challenged the validity of the findings against him. We.determined, in accordance with Practice Book § 4023, that the respondent’s appeal should be heard in this court, and now uphold the validity of the transfer order.

Under § 46b-127, the validity of a transfer order depends upon a court’s making “written findings, after a hearing, that there is probable cause to believe that the child has committed the act for which he is charged.” The proceedings in this case arose out of the involvement of the respondent with the death of Andre Lewis in New Haven as a result of a gun shot wound. After an evidentiary hearing in which both the state and the respondent fully participated, the trial court concluded that there was probable cause to believe that the respondent had committed the crime of murder. The court found that the respondent was fifteen years of age on the date when the alleged murder occurred.2 The court further found that “the victim died of a gun shot wound to the head and that probable cause exists to find that the accused child fired the weapon that inflicted the mortal wound.” The court’s final finding was that “the alleged incident followed an argument over money between the accused child and the victim.” Significantly, even though evidence was presented at the hearing that might have supported the conclusion that the shooting was unpremeditated or even accidental, the court made no explicit finding about the intent with which the respondent fired the gun that inflicted the fatal wound.

The respondent repeatedly moved, over the objection of the state,3 for further articulation of the trial court’s [280]*280written findings of fact and conclusions of law.* **4 The trial court denied his motion for articulation. When the request for articulation was renewed in this court, we granted the respondent’s motion for review but denied the relief he requested.

The respondent has raised two related challenges to the validity of the order transferring him to the regular criminal docket. He maintains that (1) the trial court’s written findings were legally insufficient to satisfy the requirements of § 46b-127 because they contained no express finding as to his intent to commit the crime of murder, and (2) there was an insufficient evidentiary basis for the trial court’s implied conclusion that the respondent specifically intended to kill the victim. Although we agree that the trial court should have made an express finding on the contested issue of intent, we are persuaded that the court’s failure to do so was harmless in light of the sufficiency of the evidence on intent presented at the hearing.

It is useful at the outset to note what is not at issue. The respondent concedes that the trial court’s written findings sufficiently address the respondent’s age and his causal implication in the victim’s death. The questions that he raises are confined to the issue of intent.

The absence of an express judicial finding that the respondent had the requisite intent to cause the death of the victim when he shot him was an unwarranted [281]*281departure from the mandate of § 46b-127 for “written findings . . . that there is probable cause to believe that the child has committed the act for which he is charged.” The respondent was charged with the commission of a murder in violation of § 53a-54a. The court should have made a finding concerning his intent, because specific intent to cause the death of another is an element of the crime of murder under § 53a-54a. State v. Chace, 199 Conn. 102, 104, 505 A.2d 712 (1986); State v. Rodriguez, 180 Conn. 382, 399, 429 A.2d 919 (1980).

This court has repeatedly affirmed the significance of a transfer order in juvenile proceedings. In In re Ralph M., 211 Conn. 289, 302, 559 A.2d 179 (1989), we recognized that the decision whether to issue a transfer order, because it implicates the relinquishment of juvenile jurisdiction, is a “critically important” stage in the adjudicatory process. See Kent v. United States, 383 U.S. 541, 560-61, 86 S. Ct. 1045, 16 L. Ed. 2d 84 (1966). We held that, in conducting the transfer hearing, the court could “hear any evidence that it determines to be reliable, and that is material and relevant to the issue of probable cause.” In re Ralph M., supra, 307. In State v. Torres, 206 Conn. 346, 360, 538 A.2d 185 (1988), we emphasized that, in the transfer process, written findings play an important role in the implementation of the legislative policy of “shielding children from criminal liability except in clearly circumscribed situations.” We there held that, without the requisite judicial findings, a juvenile charged with the commission of murder could not be retained on the regular criminal docket for the prosecution of a charge of manslaughter once it was determined that there was no probable cause to believe that he had committed murder. Id., 358-60.

In light of these holdings, we reject the state’s contention that § 46b-127 would validate a transfer order [282]*282accompanied by an entirely conclusory judicial pronouncement that there is probable cause to believe that the respondent had committed the act of murder. The point of the evidentiary hearing that the statute mandates is to enable the trial court to make the evidentiary findings that warrant depriving the juvenile of the protections to which he would otherwise be entitled. In re Ralph M., supra, 302. Further, the safeguard of an immediate right to appellate review of a transfer order would be undermined if the appellate tribunal were compelled to speculate about the factual basis upon which the trial court relied in its determination that a transfer was appropriate. Compare State v. Chiarizio, 8 Conn. App. 673, 683, 514 A.2d 370 (1986).

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Cite This Page — Counsel Stack

Bluebook (online)
575 A.2d 1016, 215 Conn. 277, 1990 Conn. LEXIS 188, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-edwin-n-conn-1990.