In the Matter of the Welfare of: M. A. B., Child

CourtCourt of Appeals of Minnesota
DecidedJanuary 22, 2024
Docketa230752
StatusPublished

This text of In the Matter of the Welfare of: M. A. B., Child (In the Matter of the Welfare of: M. A. B., Child) is published on Counsel Stack Legal Research, covering Court of Appeals of Minnesota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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In the Matter of the Welfare of: M. A. B., Child, (Mich. Ct. App. 2024).

Opinion

STATE OF MINNESOTA IN COURT OF APPEALS A23-0752

In the Matter of the Welfare of: M. A. B., Child.

Filed January 22, 2024 Affirmed Reyes , Judge

Itasca County District Court File No. 31-JV-18-3023

Landon J. Ascheman, Ascheman Law, St. Paul, Minnesota (for appellant)

Keith Ellison, Attorney General, St. Paul, Minnesota; and

Matti R. Adam, Itasca County Attorney, John R. Kempe, Assistant County Attorney, Grand Rapids, Minnesota (for respondent)

Considered and decided by Reyes, Presiding Judge; Connolly, Judge; and Hooten,

Judge. ∗

SYLLABUS

When the state moves to terminate a continuance for dismissal within the time frame

specified under Minnesota Rule of Juvenile Delinquent Procedure 14.04, the district court

retains subject-matter jurisdiction over an adult defendant’s termination hearing under

Minn. Stat. § 260B.193, subd. 5(c) (2022), to “conduct a trial” until the defendant turns 21

years old.

∗ Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10. OPINION

REYES, Judge

Appellant argues that the district court lacked subject-matter jurisdiction to

adjudicate him delinquent of fifth-degree criminal sexual conduct because it did not

terminate his continuance for dismissal until after he turned 19 years old. We affirm.

FACTS

At age 15, appellant M.A.B. sexually assaulted his nine-year-old niece. Following

an investigation, respondent State of Minnesota filed a juvenile-delinquency petition

against M.A.B., alleging one count of second-degree criminal sexual conduct under Minn.

Stat. § 609.343 (2016) (count 1) and one count of fifth-degree criminal sexual conduct

under Minn. Stat. § 609.3451 (2016) (count 2).

At the initial hearing in November 2018, the parties reached an agreement in which

the state would dismiss count 1 and suspend prosecution on count 2 pursuant to a

continuance for dismissal (CFD) under Minn. R. Juv. Delinq. P. 14. In exchange, M.A.B.

provided testimony regarding the alleged assault, testimony which the district court

preserved for use in a potential future prosecution if M.A.B. materially violated his CFD

agreement. The district court also placed M.A.B. on supervised probation, with conditions

to remain law abiding, abstain from accessing pornography, and comply with the

recommendations of a psychosexual evaluation.

In December 2019, M.A.B. admitted to violating the terms of his CFD agreement

by failing to comply with his psychosexual evaluation and by pleading guilty to a new

criminal-harassment charge. The district court continued M.A.B. on probation after

2 imposing the additional condition that M.A.B. complete a sex-specific treatment program.

In December 2020, the district court ordered that the CFD period be extended until M.A.B.

turned 19 years old to give him the maximum opportunity to comply with the aftercare

recommendations of the sex-specific treatment program. Less than a year later, M.A.B.

admitted to a second probation violation after accessing pornography. The district court

again continued M.A.B. on probation after imposing additional probation conditions.

Then on January 13, 2022, five days before M.A.B. turned 19, the probation

department filed another violation report, alleging that M.A.B. failed to comply with his

sex-offender treatment program or complete the additional obligations imposed by the

district court following his earlier probation violations. The next day, on January 14, 2022,

the state moved to terminate the CFD agreement and resume prosecution on count 2,

arguing that M.A.B. materially violated the agreement.

In April 2022, the district court conducted a CFD termination hearing, during which

M.A.B. admitted that he materially violated the terms of his CFD agreement and entered a

not-guilty plea on the resumed fifth-degree criminal-sexual-conduct charge. M.A.B. later

changed his plea to guilty during a stipulated-facts trial in October 2022. Following his

trial, M.A.B. moved to dismiss the fifth-degree criminal-sexual-conduct charge, arguing

that the district court lacked subject-matter jurisdiction. The district court denied M.A.B.’s

motion and adjudicated him delinquent. This appeal follows.

3 ISSUE

Did the district court err by determining that it had subject-matter jurisdiction to

terminate M.A.B.’s continuance for dismissal after he turned 19 years old?

ANALYSIS

The district court properly determined that it had subject-matter jurisdiction to conduct M.A.B.’s CFD termination hearing under Minn. Stat. § 260B.193 (2022) and Minn. R. Juv. Delinq. P. 14.

M.A.B. asserts that the district court lost subject-matter jurisdiction to adjudicate

him delinquent because his CFD termination hearing did not take place until after he turned

19 years old. We are not persuaded.

“Subject-matter jurisdiction is a court’s power to hear and determine cases that are

presented to the court.” State v. Losh, 755 N.W.2d 736, 739 (Minn. 2008). This court

reviews subject-matter-jurisdiction questions in juvenile-delinquency matters de novo. In

re Welfare of C.S.N., 917 N.W.2d 427, 431 (Minn. App. 2018).

Appellate courts review questions of statutory interpretation and subject-matter

jurisdiction de novo. Id. Statutory interpretation begins by analyzing whether the statute’s

language is ambiguous on its face. 500, LLC v. City of Minneapolis, 837 N.W.2d 287, 290

(Minn. 2013). A statute is ambiguous only if it is susceptible to more than one reasonable

interpretation. Id. If a statute is unambiguous, reviewing courts apply the statute’s plain

meaning. Id. These same principles also guide appellate courts’ interpretation of court

rules. See Gams v. Houghton, 884 N.W.2d 611, 616 (Minn. 2016). When interpreting a

statute, courts may presume that the legislature did not intend to produce an absurd or

unreasonable result. Minn. Stat. § 645.17 (2022).

4 Minnesota’s juvenile-jurisdiction statute provides district courts with original and

exclusive jurisdiction over juveniles who are alleged to be delinquent prior to turning 18.

Minn. Stat. § 260B.101, subd. 1 (2022). Generally, a district court’s juvenile jurisdiction

ends once a juvenile turns 19. Minn. Stat. § 260B.193, subd. 5(a). However, an exception

to this rule extends its jurisdiction to “conduct a trial . . . if: (1) an adult is alleged to have

committed an offense before the adult’s 18th birthday; and (2) a [delinquency] petition is

filed . . . before the adult’s 21st birthday.” Id., subd. 5(c).

Under Minn. R. Juv. Delinq. P. 14.01, subd. 1, CFD agreements allow for a juvenile

proceeding to “be suspended for a specified period without a finding that the allegations of

the charging document have been proved.” After the parties enter into a CFD agreement,

a district court may terminate the agreement and resume delinquency proceedings if the

state files a termination motion “not later than one month after” the CFD period expires,

and the district court determines that the juvenile has materially violated the CFD

agreement. Minn. R. Juv. Delinq. P.

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Related

State v. Losh
755 N.W.2d 736 (Supreme Court of Minnesota, 2008)
In Re the Welfare of V.D.M.
623 N.W.2d 277 (Court of Appeals of Minnesota, 2001)
In Re the Welfare of B.J.M.
636 N.W.2d 155 (Court of Appeals of Minnesota, 2001)
In Re the Welfare of C.A.N.
370 N.W.2d 438 (Court of Appeals of Minnesota, 1985)
American Family Insurance Group v. Schroedl
616 N.W.2d 273 (Supreme Court of Minnesota, 2000)
500, LLC v. City of Minneapolis
837 N.W.2d 287 (Supreme Court of Minnesota, 2013)
In re C. S. N.
917 N.W.2d 427 (Court of Appeals of Minnesota, 2018)

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