State v. Brandt

992 P.2d 1034, 99 Wash. App. 184, 2000 Wash. App. LEXIS 155
CourtCourt of Appeals of Washington
DecidedJanuary 28, 2000
DocketNo. 23254-5-II
StatusPublished
Cited by4 cases

This text of 992 P.2d 1034 (State v. Brandt) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Brandt, 992 P.2d 1034, 99 Wash. App. 184, 2000 Wash. App. LEXIS 155 (Wash. Ct. App. 2000).

Opinion

Armstrong, A.C.J.

After his 18th birthday, Steven Brandt was convicted in superior court of first degree child molestation. When Brandt was seventeen years old, he told a counselor about previous sexual contact with his seven-year-old cousin. Although the Port Angeles police had the first name, address, and phone number of the victim before Brandt’s eighteenth birthday, the State did not charge him until the victim came forward 23 months later. By that time, Brandt had turned eighteen. Brandt moved to dismiss the charge, arguing that the delay in prosecuting his case violated his due process rights by depriving him of juvenile court jurisdiction.1 The trial court denied the motion to [187]*187dismiss, concluding that the delay was justified as a reasonable investigatory delay. We affirm.

FACTS

While in the Naselle Juvenile Institution for first degree child rape and first degree child molestation, Brandt told staff members of his having sexual contact with other victims. On September 28, 1995, Paul Smith of the Department of Social and Health Services gave a one-page report to the Port Angeles Police Department naming three victims, J.W, K.H. and A.M.

The report described A.M. as Brandt’s cousin and gave her mother’s name as Darcy M. Their address was listed as “UNKNOWN; FAMILY LIVES NEAR MOOSE LODGE.” The report also listed Brandt’s date of birth and stated that he would be released from Naselle on November 12, 1995. A.M’s legal name is A.L., although she has also used the surname M., which is her mother’s maiden name.2

On October 13, 1995, Officer Peninger made a report from this information and included an address and telephone number for A.M. The address and telephone number were still valid as of January 1998. Detective Coyle, who was assigned to the case, never contacted anyone at the address or phone number listed in Officer Peninger’s October 13 report.

Coyle made arrangements with Brandt’s parole officer to have Brandt contact him when he was released from Naselle in November 1995. On November 17, 1995, Brandt contacted Coyle. But when Brandt refused to talk without an attorney, Coyle terminated the interview. He did not attempt any further contact with Brandt.

Shortly after November 17, 1995, Coyle asked for further information from Naselle Juvenile Institution about Brandt’s disclosures. Naselle provided a polygraph report with several more witnesses and victims mentioned.

[188]*188In January 1996, Coyle attempted to identify witnesses and victims from the information he received from Naselle. On January 23, 1996, Detective Coyle telephoned Ms. Cooper, the mother of one of the listed victims. Because she had moved to Hoquiam, Coyle asked the Hoquiam Police to interview Ms. Cooper and her daughter. On January 26, 1996, the Hoquiam Police Department reported to Coyle that Cooper did not want the police to interview her very young daughter.

Also on January 23, 1996, Coyle contacted the mother of J.W. But this mother also said that her child was too young to be interviewed. On January 30, 1996, Coyle received a written statement from J.W.’s mother concerning her child.

On February 1, 1996, Coyle received a report from two witnesses stating that Brandt had been peeping through a window at them. During this time period, Detective Coyle was also investigating other unrelated felony cases, including some sexual assault investigations.

Brandt turned 18 years of age on February 22, 1996. Coyle’s file remained open until A.M. and Darcy M. contacted him on September 23, 1997. Coyle interviewed Darcy and A.M. the same day. Charges of first degree child molestation involving A.M. were filed one day later on September 24, 1997. No charges involving the other victims were filed.

ANALYSIS

When a preaccusatorial delay results in a loss of juvenile court jurisdiction, we apply a three-part test to determine whether the delay violates due process: “(1) the defendant must show prejudice resulting from the delay; (2) the court must consider the reasons for the delay; and (3) if the State can justify the delay, the court will [balance] the State’s interest against the prejudice to the accused.” State v. Warner, 125 Wn.2d 876, 889, 889 P.2d 479 (1995) (citing State v. Dixon, 114 Wn.2d 857, 860, 792 P.2d 137 (1990) (citing United States v. Lovasco, 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752 (1977))); State v. Frazier, 82 Wn. App. 576, 586, 918 P.2d 964 (1996).

[189]*189The accused has no constitutional right to be tried as a juvenile. Dixon, 114 Wn.2d at 860. But because the loss of juvenile court jurisdiction subjects the accused to harsher penalties and the potential stigma of an adult criminal conviction, we presume prejudice when juvenile court jurisdiction is lost. Id. at 860-61; Frazier, 82 Wn. App. at 587-88. Therefore, the trial court properly concluded that the first part of the test had been met.

The next question is whether the delay in prosecuting Brandt was justified. A preaccusatorial delay may violate due process in only two circumstances: (1) “a deliberate delay by the State to circumvent the juvenile justice system” or (2) “a negligent delay in filing.” Dixon, 114 Wn.2d at 865 (citing State v. Lidge, 111 Wn.2d 845, 848, 765 P.2d 1292 (1989)).

In concluding that no due process violation occurred, the trial court relied on State v. Calderon, 102 Wn.2d 348, 684 P.2d 1293 (1984). In Calderon, the Supreme Court recognized that prosecutors have broad discretion in making charging decisions and “continued investigation of the crime or other related criminal activity [is generally] justified[.]” Id. at 353. The Supreme Court has also expressed “its reluctance to review the sufficiency of investigative procedures resulting in a delay in filing charges . . . .” Dixon, 114 Wn.2d at 865. The State is not required to establish special procedures for processing juveniles nearing their eighteenth birthdays. See e.g., State v. Alvin, 109 Wn.2d 602, 605, 746 P.2d 807 (1987); Calderon, 102 Wn.2d at 354; Frazier, 82 Wn. App. at 587.

Here, the trial court found only a 21-day delay, from February 1, to February 22, 1996, and concluded that the delay was justified because of the number of victims and the amount of investigation to be done. Brandt assigns error to the finding that the delay was only three weeks and to the conclusion that the delay was justified. The trial court’s factual findings will be upheld if supported by substantial evidence. Id. at 588. A factual finding that is denominated a conclusion of law is treated as a finding on [190]*190appeal. Id. at 589 n.13 (citations omitted).

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Bluebook (online)
992 P.2d 1034, 99 Wash. App. 184, 2000 Wash. App. LEXIS 155, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-brandt-washctapp-2000.