In Re NJ

343 S.W.3d 362, 2011 WL 2462024
CourtMissouri Court of Appeals
DecidedJune 21, 2011
DocketSD 30621
StatusPublished

This text of 343 S.W.3d 362 (In Re NJ) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re NJ, 343 S.W.3d 362, 2011 WL 2462024 (Mo. Ct. App. 2011).

Opinion

343 S.W.3d 362 (2011)

In the Interest of N.J.

No. SD 30621.

Missouri Court of Appeals, Southern District, Division One.

June 21, 2011.

*363 James Egan, Ava, for appellant.

No brief filed for respondent.

ROBERT S. BARNEY, Presiding Judge.

N.J. ("Appellant"), a minor, appeals the judgment entered by the Circuit Court of Wright County Juvenile Division ("the juvenile court") which entered judgment against him and C.W., his mother, for $4,000.00 subsequent to a finding of delinquency for certain acts committed by Appellant together with other minors. Appellant *364 asserts three points of juvenile court error. We affirm the judgment of the juvenile court.

The record reveals the Wright County Juvenile Office ("Respondent")[1] filed a juvenile delinquency petition against Appellant on February 4, 2010, in which is asserted Appellant trespassed by "acting in concert with others [to] knowingly enter[ ] unlawfully . . ." into a residential home, and committed property damage in the first degree by causing extensive damage to the aforementioned residential home.[2] At the time of the incident Appellant was eleven years old.

The evidence presented at trial on April 19, 2010, revealed that sometime in the fall of 2009 Appellant went to a vacant residence with his older sister, S.J., and two older male juveniles who were brothers.[3] The group broke into the home by breaking down the front door; they busted out several windows; punched and kicked numerous holes in the walls; pulled the thermostat from the wall; and committed other acts of property damage. At the conclusion of the evidence, the juvenile court noted its belief that Appellant was less culpable than the other boys, but nevertheless entered a finding of delinquency against him per section 211.031. Appellant was then "committed to the custody of the Division of Youth Services [("DYS") ]" with the execution of that sentence "stayed" as long as Appellant met the terms of his one year probation. The issue of restitution was continued to a later date.

A restitution hearing was held on June 7, 2010. At the hearing it was determined, through an exhibit and the testimony of an expert, that the total restitution necessary to fix the damage to the home at issue was $13,689.82. While the juvenile court noted its desire to assess "eighty . . . or ninety percent . . ." of the total amount of restitution to the two brothers, the juvenile court noted that this desire was hampered by section 211.185.9 which places a $4,000.00 statutory cap on the amount ordered against juveniles for restitution. Respondent's counsel, noting that the goal in these restitution proceedings is to compensate the victim for a loss that was not of his doing, requested restitution from Appellant be set at the statutory maximum of $4,000.00, while counsel for Appellant suggested $2,000.00 would be more appropriate based on the juvenile court's statements regarding the assessment of culpability. Appellant's counsel, however, did not argue that the juvenile court had failed to properly apply the law or otherwise failed to follow any particular statute. The juvenile court entered judgment against Appellant "and his mother[, C.W.], for the amount of $4,000.00." This appeal by Appellant followed.

"An appellate court reviews juvenile proceedings `like any other court-tried case, i.e., the judgment will not be disturbed unless it is against the weight of the evidence or it erroneously declares or erroneously applies the law.'" In the Interest of N.R.C. v. Juvenile Officer, 276 S.W.3d 883, 886 (Mo.App.2009) (quoting N.J.K. v. Juvenile Officer, 139 S.W.3d 250, *365 259 (Mo.App.2004)). The facts are viewed in the light most favorable to the juvenile court's decision. Id. The appellate court defers to the juvenile court's determinations of the credibility of witnesses. Id.

In his first point relied on Appellant maintains the juvenile court erred in ordering him to pay $4,000.00 in restitution because

the amount ordered was against the logic of the circumstances since the [j]uvenile [c]ourt's findings as to his level of culpability would warrant at most, $2[,]740[.00]; and, was so arbitrary and unreasonable as to shock this Court's sense of justice and indicate a lack of careful consideration because it was issued without taking into account [Appellant's] ability to pay as required by [section] 211.181. . . . [[4]]

We decline to review the first point relied on because no objection was lodged before the juvenile court as to the procedure employed by the juvenile court in making its restitution determination. See In re R.S.L., 241 S.W.3d 346, 350 (Mo.App.2007) (holding that where the mother "did not object to the [social] study before or at trial and raise[d] her challenge to it for the first time on appeal . . . [she] failed to preserve th[e] claim for appellate review. Even objections that a juvenile officer or court failed to comply with mandatory requirements of the juvenile code must be properly preserved"); In re S.R.J., Jr., 250 S.W.3d 402, 405 n. 2 (Mo.App.2008) (holding that "[a] party should not be entitled on appeal to claim error on the part of the [juvenile] court when the party did not call attention to the error at trial and did not give the court the opportunity to rule on the question"). Point I is denied.

In his second point relied on Appellant alternatively asserts the juvenile court plainly erred in ordering him to pay $4,000.00 in restitution because the juvenile court did not follow the "specific directive" of "[s]ection 211.185 . . . that the [j]uvenile [c]ourt consider what amount is `reasonable' in light of the juvenile's ability to pay." In so doing, Appellant maintains the juvenile court "committed evident and obvious error by erroneously applying the law."[5] He argues that because he "is indigent and too young . . . to gain meaningful employment, it is highly likely he will be unable to make restitution and his probation will then be revoked and he will be sentenced to [DYS]."[6] Appellant urges a "manifest injustice will inexorably result if the [j]uvenile [c]ourt's order is permitted to stand."

*366 At the outset we note that Appellant does not challenge the sufficiency of the evidence to support the underlying finding of juvenile delinquency.[7] He is solely attacking the order of restitution entered by the juvenile court "in light of the juvenile's ability [or inability] to pay." Appellant asserts he "did protest the restitution amount, [but] did not refer to the statute" at the restitution hearing, and, consequently, he requests plain error review in the event this Court believes the error was unpreserved.

Preliminarily, we observe that "juvenile proceedings `are in the nature of civil proceedings,'" In Interest of R.L.C., Jr., 967 S.W.2d 674, 677 (Mo.App.1998) (quoting In the Interest of J.M., 847 S.W.2d 911

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In the Interest of N.J.
343 S.W.3d 362 (Missouri Court of Appeals, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
343 S.W.3d 362, 2011 WL 2462024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-nj-moctapp-2011.