State in the Interest of D.R.

647 A.2d 866, 276 N.J. Super. 192, 1994 N.J. Super. LEXIS 384
CourtNew Jersey Superior Court Appellate Division
DecidedJune 13, 1994
StatusPublished

This text of 647 A.2d 866 (State in the Interest of D.R.) 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 in the Interest of D.R., 647 A.2d 866, 276 N.J. Super. 192, 1994 N.J. Super. LEXIS 384 (N.J. Ct. App. 1994).

Opinion

KRAVARIK, J.S.C.

The defense brought the issue presented before this court by way of a motion for reconsideration to grant the juvenile a modified sentence. This motion presents what appears to be a case of first impression. This court must decide whether a juvenile, who has received a custodial disposition for one offense and, while serving that disposition, commits a separate offense, can be subject to an additional sentence for that subsequent offense.

Factual Background:

D.R. has, unfortunately, had a long history of involvement with the juvenile court system, beginning as early as 1981, when he was only eight years old. The incidents which precipitated this action, however, did not begin until October 29, 1992. On that date, because D.R. had failed to both complete the court ordered Perth Amboy Day Program and to make regular payments towards his fines and penalties, the probation officer signed a juvenile delinquency complaint against D.R. for a violation of probation in accordance with N.J.S.A 2C:45-3. D.R. pled guilty to this charge on February 17, 1993.

On February 18,1993, the court resentenced D.R. to a custodial disposition which had been previously imposed and suspended. This disposition was not to exceed a term of two years incarceration in the custody of the Commissioner of the Department of Corrections. This court also applied a credit to D.R.’s term of eighty-four days for time served pursuant to R. 3:21-8.

D.R. began serving his disposition at the Ogden Residential Group Center, a satellite unit of the New Jersey Department of Corrections. However, on June 12, 1993, between the hours of 11:30 p.m. and 12:00 a.m., D.R. and another juvenile escaped from the facility. As a result of this escape, on August 2, 1993, the Assistant Prosecutor assigned to the case requested that the matter be put on the court’s calendar so that the State might move for a bench warrant pursuant to R. 5:20-3. This request [194]*194was granted. On August 11, 1993, the Assistant Prosecutor appeared before the court, the complaint against D.R. was inactivated and a bench warrant was issued for his arrest.

The matter was then set down for a formal trial call on March 16, 1994. On that date, with his mother, the defense counsel and the Assistant Prosecutor present, D.R. pled guilty to the escape charge. The court remanded D.R., then aged nineteen, to the Garden State Reception and Youth Correctional Facility and ordered a pre-dispositional investigation to be done prior to the dispositional hearing.

On May 9, 1994, after consideration of the completed pre-dispositional investigation, the court ordered a term not to exceed two years incarceration in the custody of the Commissioner of the Department of Corrections, said term to run consecutively to the disposition D.R. was serving at the Garden State Reception and Youth Correctional Facility at the time of his escape.

It should be noted that at the time of D.R.’s dispositional hearing, this court utilized the term “consecutive” solely as a means to distinguish the first disposition in time from the second, and later, disposition.

On May 19,1994, the defense forwarded to this court a notice of motion for reconsideration pursuant to R. 4:49-2. Therein, the defense asserted that the court had erred by imposing the consecutive sentence on D.R., since the Code of Juvenile Justice allegedly does not permit the imposition of consecutive dispositions. The State was granted time to reply to the motion, but failed to do so. A hearing was set down for motion day on June 10, 1994. This court subsequently adjourned the hearing date to June 13, 1994 for the convenience of all parties. There was no opposition.

Legal Argument:

The defense argues that the Code of Juvenile Justice precludes the imposition of consecutive sentences. In support of this contention, the defense relies solely on the case of In re J.L.A., 262 N.J.Super. 78, 619 A.2d 1321 (App.Div.1993).

[195]*195In J.L.A, after a bench trial, the juvenile was adjudicated delinquent and committed to Jamesburg for an indeterminate term not to exceed four years for acts which, if committed by an adult, would have constituted first degree robbery contrary to N.J.S.A. 2C:15-1. J.L.A. was simultaneously committed to a consecutive term not to exceed three years for acts which, if committed by an adult, would have constituted aggravated assault contrary to N.J.S.A. 2C:12-1b(1).

On appeal, J.L.A. contended, among other things, that the trial court had erred in imposing a consecutive sentence upon him since the Code of Juvenile Justice contained no provision authorizing such a disposition. In order to correctly construe the Code as it applied to J.L.A., the court acknowledged that its role was to give effect to the Legislature’s intent. Recognizing that the Code failed to specifically mention the alternative of imposing consecutive sentences, the J.L.A court looked to the legislative history of the Code for guidance as to the Legislature’s intent.

This review failed to shed any light on the matter, since the rehabilitative theme of the Code was not dispositive as to the issue of consecutive sentences. Nevertheless, it was the language of the Code itself which the J.L.A court ultimately found to be the key to the Legislature’s intent. Finding that “the Legislature fully understood the concept of consecutive sentencing,” the J.L.A. court decided that:

by including [consecutive sentencing] in the Criminal Code but omitting it from the Juvenile Code, [the Legislature] intended consecutive dispositions not to be an available arrow in the juvenile judge’s dispositional quiver.
[J.L.A, supra, 262 N.J.Super. at 89, 619 A.2d 1321.]

By asking this court to reconsider D.R.’s sentence, the defense would have this court conclude that J.L.A totally obviates the ability of a “juvenile” judge to impose a “consecutive” sentence. However, this court believes that J.L.A. should be and is both factually and legally distinguishable from the instant case; and, therefore, it respectfully declines to reach that conclusion.

[196]*196Although the J.L.A. decision fails to explicitly state whether the juvenile committed the offenses charged in one or in multiple transactions, the statements of the J.L.A court imply that only one transaction was involved. Indeed, that court rejected the state’s argument that the Legislature intended to preserve consecutive treatment for offenses arising out of one transaction. That court found this theory to be unreasonable in that it would subject a juvenile who was convicted of several offenses arising out of a single event to greater punishment than one who had undertaken numerous criminal transactions.

This court wholeheartedly supports this position. In the instant case, however, D.R. committed two separate and distinct criminal transactions: a violation of probation on October 29, 1992, and a criminal escape on June 12, 1993. It is both just and reasonable that he receive a more significant disposition for these acts than if he had committed two offenses in a single event. After all, “there can be no free crimes.”

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Related

State v. Tuddles
186 A.2d 284 (Supreme Court of New Jersey, 1962)
State v. Yarbough
498 A.2d 1239 (Supreme Court of New Jersey, 1985)
State v. H.B.
614 A.2d 1081 (New Jersey Superior Court App Division, 1992)
State ex rel. J.L.A.
619 A.2d 1321 (New Jersey Superior Court App Division, 1993)
State In Interest of Doe
405 A.2d 448 (Camden County Family Court, 1979)

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Bluebook (online)
647 A.2d 866, 276 N.J. Super. 192, 1994 N.J. Super. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-in-the-interest-of-dr-njsuperctappdiv-1994.