State v. Duncan

841 N.W.2d 604, 2013 Iowa App. LEXIS 1083, 2013 WL 5745698
CourtCourt of Appeals of Iowa
DecidedOctober 23, 2013
DocketNo. 12-1157
StatusPublished
Cited by2 cases

This text of 841 N.W.2d 604 (State v. Duncan) is published on Counsel Stack Legal Research, covering Court of Appeals of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Duncan, 841 N.W.2d 604, 2013 Iowa App. LEXIS 1083, 2013 WL 5745698 (iowactapp 2013).

Opinion

TABOR, J.

Jason Tyler Duncan faces forty-one counts of sexual abuse in the second degree for acts he allegedly committed when he was between the ages of twelve and fifteen. The district court determined Duncan, who is now in his twenties, was ineligible for waiver to juvenile court under Iowa Code sections 232.8(l)(c) and 702.5 (2011). The Iowa Supreme Court granted Duncan’s request for discretionary review and transferred the case to us. Because we conclude the district court misinterpreted the juvenile code provisions governing transfer of jurisdiction, we reverse its ruling and remand with directions. We also hold Duncan may not be tried as an adult for acts he allegedly committed when he was younger than fourteen.

I. Background Facts and Proceedings

The Wayne County Attorney originally charged Duncan with one count of sexual abuse in the second degree, in violation of Iowa Code section 709.1(8) and 709.3(2), by trial information filed August 31, 2010. The information alleged Duncan engaged in sex acts with a child under the age of twelve from approximately 2003 through 2008. Duncan’s attorney filed an application for waiver to juvenile court on October 5, 2010. Before the court ruled on the transfer, Duncan entered a guilty plea to an amended charge of sexual abuse in the third degree on April 26, 2011. The court allowed Duncan to withdraw his guilty plea on August 23, 2011, because the plea-taking court did not advise him of the special sentence for sex offenders under Iowa Code chapter 903B. The court reinstated the original charge.

On September 13, 2011, Duncan renewed his request to be transferred to juvenile court. Less than one month later, the State moved to amend the trial information to add forty additional counts of sexual abuse in the second degree. The amended trial information alleged Duncan committed one sex act per month between January 1, 2004, and May 18, 2007, when Duncan was age twelve through fifteen.1 The alleged victim was four years younger than Duncan. The State alleged Duncan threatened to beat up the younger boy if he refused to perform oral sex on Duncan. The district court granted the motion to amend the trial information at a hearing on November 22, 2011.

The court held a hearing on February 20, 2012, to consider Duncan’s renewed application to transfer jurisdiction to juvenile court. The defense presented the testimony of Dr. Craig Rypma, who offered his opinion that Duncan posed a low risk of reoffending. The State called juvenile court officer Daron Henson, who testified no-inpatient treatment programs would be available for Duncan in the juvenile court system.

Rather than making closing arguments, the parties filed written briefs for the district court. In his post-hearing argument, Duncan asserted both parties stipulated he could rescind his withdrawal of his original application for transfer to juvenile court and the district court accepted the stipulation. Duncan also argued counts one through nineteen of the amended trial information (spanning the time from January 1, 2004, (when Duncan was twelve years old) until August 1, 2005, (when [607]*607Duncan turned fourteen)) must be transferred to juvenile court under Iowa Code section 232.45(6)(a).

On May 1, 2012, the district court denied Duncan’s renewed application to transfer his case to juvenile court. The court determined once Duncan reached the age of eighteen, he was “not eligible for a reverse waiver to juvenile court.” Duncan filed a motion to enlarge findings under Iowa Rule of Civil Procedure 1.904(2), asking the court to decide whether he could be tried as an adult for offenses he allegedly committed when he was under fourteen years of age. On June 18, 2012, the court denied the motion to reconsider, stating:

The arguments therein were previously made by the defendant and rejected by the court. To grant Defendant’s reverse waiver application upon any of the arguments raised by defendant would be to deny justice in this case. The court declines to do so.

Duncan filed a timely application for discretionary review with the Iowa Supreme Court. The Iowa Supreme Court granted the application on July 25, 2012. After the parties filed their briefs, the Supreme Court transferred the case to our court on July 2, 2013.

II. Scope and Standards of Review.

We review issues of statutory interpretation for correction of legal error. State v. Terry, 569 N.W.2d 364, 366 (Iowa 1997). We review a court’s decision whether to transfer a case to or from juvenile court for an abuse of discretion. State v. Neitzel, 801 N.W.2d 612, 618 (Iowa Ct.App.2011). If we were to reach Duncan’s claims of ineffective assistance of counsel, review would be de novo. State v. Brooks, 760 N.W.2d 197, 204 (Iowa 2009).

III. Analysis.

A. Did The District Court Err In Determining Duncan Was Ineligible For Reverse Waiver Under Iowa Code Section 232.8(l)(c)?

Before reaching the merits of Duncan’s argument, we address the State’s assertion the defense did not preserve error on the arguments raised on appeal because Duncan raised them only in his original application for transfer to juvenile court, which he withdrew. The State contends Duncan did not incorporate the earlier application in his renewed application and did not receive a ruling from the district court.

We find Duncan preserved error. He requested and received a hearing on his renewed application for transfer to juvenile court. The parties stipulated Duncan could rescind his motion to withdraw the original application for transfer. The district court essentially treated the two motions as one request to be transferred to juvenile court. See Cooksey v. Cargill Meat Solutions Corp., 831 N.W.2d 94, 97-98 (Iowa 2013) (discussing court’s incorporation of issues raised in motion to dismiss). The court denied Duncan’s request to be adjudicated in juvenile court, interpreting section 232.8(l)(c) as not allowing reverse waiver for a defendant in Duncan’s position — older than sixteen and accused of committing forcible felonies. Duncan challenges that ruling on appeal.

At issue is the district court’s interpretation of the juvenile transfer statutes. Initially, the district court cited Iowa Code section 702.5, which defines a child as “any person under the age of fourteen years”— unless another age is specified. The trouble with the juvenile court’s citation is the juvenile code does specify another age; a child is defined as a person under eighteen years of age. Iowa Code § 232.2(5). In [608]*608chapter 232, the word juvenile is synonymous with child. Iowa Code § 232.2(29).

The district court then turned to section 232.8(l)(c), which “exempts certain classes of alleged juvenile offenders from the initial jurisdiction of the juvenile court.” See Terry, 569 N.W.2d at 366.

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Bluebook (online)
841 N.W.2d 604, 2013 Iowa App. LEXIS 1083, 2013 WL 5745698, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-duncan-iowactapp-2013.