State ex rel. C. A. H.

428 A.2d 533, 178 N.J. Super. 157, 1981 N.J. Super. LEXIS 509
CourtNew Jersey Superior Court Appellate Division
DecidedMarch 11, 1981
StatusPublished
Cited by2 cases

This text of 428 A.2d 533 (State ex rel. C. A. H.) is published on Counsel Stack Legal Research, covering New Jersey Superior Court Appellate Division primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. C. A. H., 428 A.2d 533, 178 N.J. Super. 157, 1981 N.J. Super. LEXIS 509 (N.J. Ct. App. 1981).

Opinion

The opinion of the court was delivered by

KOLE, J.A.D.

This appeal, on leave granted, is by the State from an order of the Juvenile and Domestic Relations Court (Juvenile Court) refusing to waive its jurisdiction and refer the juvenile delinquent complaints against C.A.H. and B.A.R. to the adult court under N.J.S.A. 2A:4-48. See also, R. 5:9-5(b). The Juvenile Court judge’s determination was made after an extensive hearing.

The juvenile complaints charged C.A.H. and B.A.R. with offenses which, if committed by an adult, would constitute armed [159]*159robbery, felony murder, automobile theft and receiving stolen property, aiding and abetting another armed robbery and malicious destruction of an automobile. Essentially similar charges were contained in an indictment against an adult, Edward Margie.

The facts as to the offenses are substantially to the following effect.

On the night of May 3, 1979 B.A.R., C.A.H. and Edward Margie set out to rob some stores in Middlesex County. B.A.R. and C.A.H. stole a car from a dealer’s lot in the Borough of Sayerville. They picked up Margie and went to Krauszer’s Food Store in Edison. Margie went into the store and committed robbery therein. He used a gun which had been brought by C.A.H. They then drove to another Krauszer’s in Fords. This time B.A.R. went in to commit the robbery. He pulled the gun on the clerk, who was standing behind the counter, and demanded money from the cash register. The clerk refused and, according to B.A.R., reached toward his pocket. B.A.R. fired and hit the clerk in the eye, killing him. B.A.R. opened the register and took the money. While he was behind the counter and the deceased was lying behind him “with his eye hanging out,” a customer walked in and asked for cold cuts. B.A.R. stated that “we weren’t cutting no cold cuts this time of night.... ” The customer left.1

B.A.R. then took the money and ran back to the car, and C.A.H. drove off. They eventually pulled off the road and set fire to the car. C.A.H. took possession of the gun. C.A.H. and B.A.R. were arrested about two months later after being stopped while driving to Florida. They had the gun with them at that time.

When the offenses were committed B.A.R. was 17 years and 6 months old and C.A.H. was 16 years and 10 months. Margie [160]*160was 18 years and some 2 months at the time. The judge found that the juveniles were of sufficient age for referral to the adult court under N.J.S.A. 2A:4-48(a) and that there was probable cause to believe that they committed the offenses, including murder. See N.J.S.A. 2A:4-48(b). The primary issues at the hearing, therefore, were whether “adequate protection of the public" required waiver and whether there were any reasonable prospects for rehabilitation of the juveniles prior to their attaining the age of 21. N.J.S.A. 2A:4-48(c); State in the Interest of G.T., 143 N.J.Super. 73, 79 (App.Div.1976), aff’d o. b. 75 N.J. 378 (1978) (hereafter G.T.).

The hearing involved the evidence, among others, of various experts.

In holding that the matter should not be referred to the adult court the judge’s determination was in conclusory terms, notwithstanding the substantial amount of evidence adduced at the hearing, much of it conflicting in nature. The judge simply stated:

In light of the testimony of those experts, especially regarding the existence and function of the Juvenile Homicide Unit at Yardville, I am satisfied that some reasonable prospect of rehabilitation exists for these young men prior to their attaining the age of twenty-one. I am also satisfied that adequate protection of the public does not require waiver, since an indeterminate to life sentence will contain both or either of them so long as ‘rehabilitation’ requires.

It is true that, under R. 1:7-4, in juvenile actions the court is required to make a general finding and in addition on request find the facts specially.2 The foregoing findings by the Juvenile Court judge are plainly general. But they are totally inadequate in a case as serious as that before us, involving offenses such as homicide, to serve as a basis for a proper review of the judge’s determination and order. They do not provide sufficient data, discussion of the evidence or reasons for us to [161]*161make an informed determination as to whether the action below was or was not soundly grounded in the proofs or constituted an appropriate, rather than an arbitrary, exercise of discretion. See State in the Interest of B.T., 145 N.J.Super. 268, 274, 279 (App.Div.1976), certif. den. 73 N.J. 49 (1977) (hereafter B.T.); G.T., supra; State in the Interest of J.F., 141 N.J.Super. 328 (App.Div.1976) certif. den. 71 N.J. 347 (1976) (hereafter J.F.).

From the standpoint of the interests of the juvenile and the public, the findings of fact and reasons required for proper appellate review of the determination of the judge are no less significant with respect to a grant or denial of the juvenile court’s waiver of jurisdiction than with respect to an adjudication of delinquency on the merits. See State in the Interest of J.M., 57 N.J. 442, 445 (1971); R. 3:29, applicable to criminal proceedings, but which we consider to be apposite here, requiring the court to place on record the reasons supporting its decision on any disposition of a criminal matter. Cf. State in the Interest of S.Z., 177 N.J.Super. 32 (App.Div. January 5, 1981). See, also, Curtis v. Finneran, 83 N.J. 563, 569-570 (1980); State in the Interest of B.C.L., 82 N.J. 362, 380-382 (1980) (hereafter B.C.L.); State v. Singletary, 165 N.J.Super. 421, 424-425 (App.Div.1979), certif. den. 81 N.J. 50 (1979); In re Union Community Bank Application, 144 N.J.Super. 39, 46-47 (App.Div.1976).

We observe that it is impossible to discern from the general findings here whether the judge used the appropriate standard in determining whether to waive jurisdiction under the statute, as interpreted by the courts. That standard requires that significant weight be given to the safety and welfare of the public and the nature of the offense. As Justice Pashman stated in B.C.L., supra,

... rehabilitation is not the sole criterion in deciding whether to prosecute a juvenile as an adult defendant. Courts should also consider the welfare of society—the security created by deterring future crimes____ The seriousness of the offense is therefore relevant when the Juvenile Court determines whether it should waive jurisdiction.... Indeed, even when a juvenile has no prior record, the seriousness of the offense alone can suffice to justify waiver. State in the [162]*162Interest of B.T., 145 N.J.Super. 268, 277 (App.Div.1976), certif. den. 73 N.J. 49 (1977). [82 N.J. at 377-378; footnote omitted.]

That waiver standard also requires that there be a realistic possibility of successful rehabilitation by age 21 by the use of the facilities and services available to the juvenile court. See B.T., supra 145 N.J.Super. at 278; J.F., supra; G.T., supra.

The general findings are also unclear.

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Related

State ex rel. C. A. H.
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446 A.2d 93 (Supreme Court of New Jersey, 1982)

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Bluebook (online)
428 A.2d 533, 178 N.J. Super. 157, 1981 N.J. Super. LEXIS 509, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-c-a-h-njsuperctappdiv-1981.