In re J.M.

44 P.3d 429, 273 Kan. 550, 2002 Kan. LEXIS 134
CourtSupreme Court of Kansas
DecidedApril 19, 2002
DocketNo. 87,590
StatusPublished
Cited by7 cases

This text of 44 P.3d 429 (In re J.M.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re J.M., 44 P.3d 429, 273 Kan. 550, 2002 Kan. LEXIS 134 (kan 2002).

Opinion

The opinion of the court was delivered by

Brazil, J.:

The Kansas Juvenile Justice Authority (JJA) appeals the district court’s decision adjudicating J.M. as a chronic offender II pursuant to K.S.A. 38-16,129 and committing him to a juvenile correctional facility.

J.M. pled no contest to one count of burglary and one count of felony theft on December 28, 2000. The district court adjudicated J.M a juvenile offender and sentenced him to 1 year of probation. On April 24, 2001, the State filed a motion to modify J.M.’s sentence, alleging he ran away from his assigned home a number of [551]*551times. During one of these occasions, J.M. stole a vehicle. The State recommended that J.M. be committed to a juvenile correctional facility. The court in its May 4, 2001, journal entry determined J.M. was a “chronic II escalating felon” and sentenced him to 12 months in a juvenile correctional facility. In doing so, the court considered J.M.’s prior juvenile record consisting of one case: On December 21,1998, J.M. pled no contest to one count of criminal trespass and one count of criminal damage to property. The court considered these to be “two prior misdemeanor adjudications” under K.S.A. 38-16,129(a)(3)(B)(i).

The record contains a copy of the JJA placement screening form, which was faxed to the district court. The “NOT ACCEPTED” box on the form was checked. The court noted it received the placement screening form from the JJA and recognized that the JJA disagreed with the chronic offender II, escalating felon determination. However, the court maintained its position and ordered the JJA to comply with its original order committing J.M. to the correctional facility.

The court denied the JJA’s motion to reconsider and the JJA has appealed.

The JJA argues the district court erred in determining J.M. met the definition of chronic offender II under K.S.A. 38-16,129(a)(3)(B)(i):

“(B) The chronic offender II, escalating felon is defined as an offender adjudicated as a juvenile offender for an offense which, if committed by an adult, would constitute:
(i) One present felony adjudication and two prior misdemeanor adjudications;
“Offenders in this category may be committed to a juvenile correctional facility for a minimum term of six months and up to a maximum term of 18 months. The aftercare term for this offender is set at a minimum term of six months and up to a maximum term of 12 months.”

The JJA argues the 1998 case should not be considered to be two separate adjudications. If the 1998 case is one adjudication, then J.M. fails to meet the definition of chronic offender II under K.S.A. 38-16,129(a)(3)(B)(i), as that subsection requires two prior misdemeanor adjudications.

[552]*552The JJA first argues that comparison to the adult sentencing guidelines is not appropriate because the adult criminal system differs from the juvenile criminal system. Second, the JJA focuses on legislative intent, arguing the amendments to the Juvenile Justice Code were intended to decrease the number of juveniles sentenced to commitment. Last, the JJA argues State v. Magness, 240 Kan. 719, 732 P.2d 747 (1987), supports its position. We reject those arguments.

Both parties discuss in their briefs on appeal whether comparison of the juvenile system with the adult system is appropriate. Such comparison weighs heavily in favor of counting both counts in the prior adjudication separately. K.S.A. 21-4710(a) requires multiple counts in a single complaint to be counted separately. K.S.A. 2000 Supp. 21-4711(f) makes the rules applicable to juvenile cases for purposes of adult sentencing: “Except as provided in subsections (4), (5) and (6) of K.S.A. 21-4710 and amendments thereto, juvenile adjudications will be applied in the same manner as adult convictions. Out-of-state juvenile adjudications will be treated as juvenile adjudications in Kansas.”

The Court of Appeals in In re S.A.J., 29 Kan. App. 2d 789, 31 P.3d 320 (2001), rejected a comparison to the criminal system:

“A juvenile does not have a constitutional right to a speedy trial in matters conducted under the Kansas Juvenile Offenders Code. See In re T.K., 11 Kan. App. 2d 632, 634-36, 731 P.2d 887 (1987). Consequently, the 90-day and 180-day rules enumerated in K.S.A. 22-3402 are not applicable. Absent the speedy trial requirements, of K.S.A. 22-3402, and with no other statutory time requirements specified in the juvenile code, the issue to be determined is solely whether appellant’s case was heard without unnecessary delay. See K.S.A. 38-1651.”

However, the defendant juvenile in S.A.J. asked the court to read into the juvenile code the statutoiy speedy trial rules found at K.S.A. 22-3402. In contrast, the comparison with the adult system in the present case is merely intended to interpret language otherwise found in. the juvenile code.

The interpretation of a statute is a question of law, and this court’s review is unlimited. Hartford Cas. Ins. Co. v. Credit Union 1 of Kansas, 268 Kan. 121, 124, 992 P.2d 800 (1999). The rules of statutory interpretation are well known:

[553]*553“The fundamental rule of statutoiy construction is that the intent of the legislature governs when that intent can be ascertained from the statute. [Citation omitted.] The general rale is that criminal statutes must be strictly construed in favor of the accused. Any reasonable doubt about the meaning is decided in favor of anyone subjected to the criminal statute. The rale of strict construction, however, is subordinate to the rule that judicial interpretation must be reasonable and sensible to effect legislative design and intent. [Citations omitted.] In construing statutes and determining legislative intent, several provisions of an act, in pari materia, must be construed together with a view of reconciling and bringing them into workable harmony if possible. [Citation omitted.]” State v. Vega-Fuentes, 264 Kan.

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Related

In re J.L.B.
241 P.3d 114 (Court of Appeals of Kansas, 2010)
State v. Anderson
136 P.3d 406 (Supreme Court of Kansas, 2006)
In re D.M.
89 P.3d 639 (Supreme Court of Kansas, 2004)
Attorney General Opinion No.
Kansas Attorney General Reports, 2004
In Re JM
44 P.3d 429 (Supreme Court of Kansas, 2002)

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Bluebook (online)
44 P.3d 429, 273 Kan. 550, 2002 Kan. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-jm-kan-2002.