K.D. v. State

754 N.E.2d 36, 2001 Ind. App. LEXIS 1465
CourtIndiana Court of Appeals
DecidedAugust 23, 2001
DocketNo. 49A02-0101-JV-35
StatusPublished
Cited by29 cases

This text of 754 N.E.2d 36 (K.D. v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
K.D. v. State, 754 N.E.2d 36, 2001 Ind. App. LEXIS 1465 (Ind. Ct. App. 2001).

Opinion

OPINION

KIRSCH, Judge.

KD. was adjudicated a delinquent child after the trial court made a true finding that he committed the offense of battery, a Class A misdemeanor if committed by an adult.1 On appeal he raises the following two issues concerning the sufficiency of the State's evidence at the denial hearing:

I. Whether the evidence was sufficient to support the adjudication that he was a delinquent child where the State did not prove that he was under eighteen years old at the time the crime was committed.
II, Whether the evidence was sufficient to support the true finding that he committed battery where the State failed to prove the elements of the offense.

We affirm.

FACTS AND PROCEDURAL HISTORY

The facts most favorable to the adjudication reveal that on October 28, 2000 at Warren Central High School, KD., a student at the school, walked up behind school police officer Norman MeDuffie. Although Officer McDuffie did not immediately recognize the voice, he heard K.D. say that he was going to take the officer's gun. Officer McDuffie then felt someone touch and pull his gun belt. As KD. yanked on the gun belt, Officer McDuffie turned around, grabbed K.D.'s arm, and restrained him on a table.

The State filed a petition charging K.D. with battery. At the initial hearing, K.D. told the court that his date of birth was June 16, 1985, KD.'s mother confirmed his birth date, and the trial court found that it had jurisdiction over the matter. K.D. denied the battery allegation. Immediately prior to the denial hearing, KD. again told the court that he was fifteen and that his birth date was June 16, 1985. However, counsel for K.D. refused to stipulate as to K.D.'s age, stating that the only reason the case was being pursued was because of a vindictive probation officer. At the State's request, the court took judicial notice of K.D.'s age based upon previously entered orders in this case and another pending case and determined that it had continuing jurisdiction over both matters. Following the hearing, the court entered a true finding as to the battery, adjudicated K.D. a delinquent, and ordered him committed to the Department of Corrections for six months. K.D. now appeals

DISCUSSION AND DECISION

K.D. challenges the sufficiency of the evidence presented at the denial hearing by the State, claiming both that the evidence was insufficient to establish his age and to sustain the true finding that he committed battery.

In reviewing the sufficiency of the evidence with respect to juvenile adjudications, our standard of review is well settled. We neither reweigh the evidence nor judge the credibility of witnesses. C.S. v. State, 735 N.E.2d 273, 276 (Ind.Ct.App.2000), trans. denied (citing Fields v. State, 679 N.E.2d 898, 900 (Ind.1997); Moran v. State, 622 N.E.2d 157, 158 (Ind.1993)). The State must prove beyond a reasonable doubt that the juvenile committed the charged offense. Id. We examine only [39]*39the evidence most favorable to the judgment along with all reasonable inferences to be drawn therefrom. Id. We will affirm if there exists substantive evidence of probative value to establish every material element of the offense. Id. Further, it is the function of the trier of fact to resolve conflicts in testimony and to determine the weight of the evidence and the credibility of the witnesses. Jones v. State, 701 N.E.2d 863, 867 (Ind.Ct.App.1998).

K.D. first alleges that the State presented no evidence to establish that he was under the age of eighteen years old at the time he committed the delinquent act.2 K.D. maintains that when he refused to stipulate to his age at the denial hearing, the court erred by taking judicial notice of his date of birth We do not reach the merits of this issue because the error, if any, was waived.

In reaching this conclusion, we are guided by In re Burton, 136 Ohio App.3d 386, 736 N.E.2d 928, 932 (1999), in which the Ohio Court of Appeals determined that once a trial court has properly established subject matter and personal jurisdiction over a child accused of being a juvenile offender, age is not an essential element that the State is required to prove unless one of the elements of the charged adult crime requires specific proof of age. In Burton, the respondent moved for dismissal at the close of the State's case, contending that the court lacked jurisdiction because the State failed to present evidence of the respondent's age. The trial court determined that age was not an essential element of the crime charged and denied the motion. Id. at 930.

On appeal, the appellate court reasoned that a trial court has jurisdiction over a matter if it has both personal jurisdiction over the parties and subject matter jurisdiction over the claims of the parties. Id. at 931. The court further noted that unlike subject matter jurisdiction, which cannot be waived, personal jurisdiction may be waived if the defendant fails to raise the defense in a responsive pleading or a motion filed prior to the answer. Id. Turning to the question of juvenile court jurisdiction, the court stated that under Ohio statute, "[al juvenile court has exclusive original subject matter jurisdiction ... concerning children who are alleged to be delinquent or who have been placed under arrest." Id. at 931-82. Because the complaint alleged respondent to be a delinquent child and because respondent was not arguing that he was older than eighteen, the court determined that subject matter jurisdiction was not properly in issue. Id. at 932.

Instead, the court determined that respondent was either: 1) challenging personal jurisdiction because the State failed to present evidence at trial of his age or; 2) raising a sufficiency argument based upon the State's alleged failure to prove an essential element of a delinquency charge. In reaching the question of personal jurisdiction, the court held that appellant failed to challenge personal jurisdiction in a pretrial motion. Id. Further, even if such motion had been made, it would have been denied because respondent was actually under the age of eighteen at the time of the offense. Id. As to the sufficiency claim, the court held that "once a trial court has properly established subject matter and personal jurisdiction over an alleged juvenile offender, additional evidence of the juvenile's age is not essential to a finding of delinquency, unless one of the elements of the adult crime alleged requires specific proof of age." Id.

[40]*40We find the reasoning and holding of Burton fully applicable in the present case. - Similar to Ohio law, under IC 31-30-1-1(1) a juvenile court obtains "exclusive original jurisdiction ... in ...

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Bluebook (online)
754 N.E.2d 36, 2001 Ind. App. LEXIS 1465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kd-v-state-indctapp-2001.