J.L. v. State

826 So. 2d 205, 2001 Ala. Crim. App. LEXIS 229, 2001 WL 1148066
CourtCourt of Criminal Appeals of Alabama
DecidedSeptember 28, 2001
DocketCR-00-0786
StatusPublished
Cited by1 cases

This text of 826 So. 2d 205 (J.L. 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
J.L. v. State, 826 So. 2d 205, 2001 Ala. Crim. App. LEXIS 229, 2001 WL 1148066 (Ala. Ct. App. 2001).

Opinion

McMILLAN, Presiding Judge.

On August 27, 1999, the appellant, J.L., was charged in a delinquency petition with receiving stolen property in the second degree (case number JU-99-52426, the “first” or “original” case). The State moved to transfer the case to circuit court so the appellant could be tried as an adult. Approximately one month later, the juvenile court intake officer discovered that the petition stated an incorrect offense.1 However, the officer was not able to get the complainant to come in at that time to sign an amended complaint. On September 30, the family court conducted a hear[207]*207ing on the State’s motion to transfer the case so that the appellant could be tried as an adult. The court found that the State had not met its burden of proving probable cause and dismissed the case. On November 22, the intake officer filed a second delinquency petition (case number JU-99-51759, the “second” or “subsequent” case). The second petition charged the appellant with receiving stolen property in the first degree, based on the same facts set out in the first petition. The appellant moved to dismiss the second petition on numerous grounds, including res judicata and collateral estoppel. Judge Sandra Storm found that jeopardy had not attached and denied the appellant’s motion. Because Judge Storm had heard the original case, she recused herself and transferred the ease to Judge Elise Barclay. On September 27, 2000, the State filed a motion asking the family court to relinquish jurisdiction, on the ground that the court had- lost jurisdiction over the appellant on February 25, 2000, when he pleaded guilty in adult criminal court to possession of marijuana in the first degree. After a hearing, Judge Barclay granted the State’s motion to relinquish jurisdiction and denied the appellant’s motion to dismiss the case. She also subsequently denied the appellant’s motion for new trial. Shortly thereafter, the appellant filed written notice of appeal.

The appellant contends that the family court erred in denying his motion to dismiss case number JU-99-51759 because, he says, the case had already been adjudicated. In support of this contention, the appellant states nine “issues” on appeal. For the sake of clarity, these issues will be addressed in the order they appear in the appellant’s brief.

We can find no previous caselaw addressing whether a second delinquency petition can be filed after a previous petition alleging the same facts has been dismissed for failure to prove probable cause. The following summary of relevant cases, rules and statutes is offered as background for this case.

When an adult defendant is charged in a felony complaint, he or she has the right to a preliminary hearing in district court. Rules 5.1(a) and 5.3(a), Ala.R.Crim.P. If a hearing is conducted and the evidence that a crime was committed is insufficient or there is a lack of probable cause to believe that the defendant committed it, the court must dismiss the complaint and discharge the defendant. Rule 5.4(c). This dismissal does not preclude a subsequent prosecution for the . same offense. Rule 5.4(d).

Juvenile transfer hearings are “analogous to preliminary hearings.” O.M. v. State, 595 So.2d 514, 517 (Ala.Crim.App.1991). When a juvenile defendant is charged in a felony complaint, an intake officer investigates the complaint. Rule 12(A) and (B), Ala.R.Juv.P. The officer may adjust the case informally or, if judicial action appears necessary, may file a petition with the juvenile court. Rule 12(C)(1) and (2), Ala.R.Juv.P. If the juvenile court finds that the allegations in a petition are not proven, the court must dismiss the petition and discharge the juvenile. § 12 — 15—65(d), Ala.Code 1975. Before a delinquency petition is heard on its merits, the prosecutor may file a motion asking the court to transfer the defendant for criminal prosecution. § 12-15-34(a), Ala.Code 1975. Transfer hearings are divided into a probable-cause phase, in which the court determines whether there is probable cause to believe that the juvenile committed the alleged crime, and a dispo-sitional phase, in which the court determines if transfer is in the best interest of the child or the public. J.S.A. v. State, 615 So.2d 1288 (Ala.Crim.App.1993). If the defendant is transferred, the court must set out in writing the reasons for the transfer [208]*208and must include a finding of probable cause. § 12 — 15—34(f). The juvenile court’s finding of probable cause precludes the necessity for a preliminary hearing after the transfer. § 12 — 15—34(g).

In Ex parte Cruse, 474 So.2d 109 (Ala.1985), the Alabama Supreme Court reversed the denial of Cruse’s petition for writ of error coram nobis. Cruse had contended that he was denied effective assistance of counsel when his attorney did not challenge his transfer for trial as an adult. The Court found that the juvenile court’s transfer order was inadequate because the court did not consider the six factors set out in § 12-15-34(d), Ala.Code 1975. On remand, the juvenile court held a new transfer hearing and entered a written transfer order in which it properly considered the requisite factors. Cruse subsequently appealed the second order on several grounds, including double jeopardy. This court held that the second transfer hearing did not place Cruse in double jeopardy because the court’s first transfer order did not contain an adjudication of guilt or delinquency. Cruse v. State, 489 So.2d 694 (Ala.Crim.App.1986).

A.

The appellant first acknowledges that jeopardy does not attach at a motion to transfer because the hearing does not determine innocence or guilt. He specifically states that he “does not argue double jeopardy.”

B.

The appellant contends that, instead of filing another complaint alleging the same facts and law, the State should have filed a motion asking the family court to reconsider its finding of no probable cause or, in the alternative, should have appealed. He notes that, in T.L.R. v. State, 608 So.2d 767 (Ala.Crim.App.1992), the juvenile court reopened the defendant’s case after initially denying the State’s motion to transfer. He argues that the same procedure could have been followed in his case.

However, the procedure used in T.L.R. cannot be applied under the facts of this case. In T.L.R., the juvenile court found that probable cause existed, but decided not to transfer the case to the circuit court for trial. The court therefore had jurisdiction to amend its original order and later to transfer the case. Here, however, the family court found no probable cause to believe the appellant committed the underlying offense and dismissed the case. After the dismissal, the court had no jurisdiction with regard to the initial case.

C.

The appellant also contends that, after the time for filing a posttrial motion or an appeal has expired, a finding of no probable cause is a final disposition of the case. He notes that, in D.L. v. State, 625 So.2d 1201 (Ala.Crim.App.1993), and R.K.L. v. State, 650 So.2d 586 (Ala.Crim.App.1994), this court reversed the juvenile court’s judgment because the finding of probable cause was erroneous. He argues that these reversals indicate that a finding of “no probable cause” is “a final judgment in every way.”

The appellant’s contention is misplaced. The juvenile court’s dismissal of the appellant’s first case was not challenged, and it was a final disposition with regard to that case.

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Bluebook (online)
826 So. 2d 205, 2001 Ala. Crim. App. LEXIS 229, 2001 WL 1148066, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jl-v-state-alacrimapp-2001.