State v. Gulbransen

2005 UT 7, 106 P.3d 734, 518 Utah Adv. Rep. 5, 2005 Utah LEXIS 8, 2005 WL 182813
CourtUtah Supreme Court
DecidedJanuary 28, 2005
Docket20020779
StatusPublished
Cited by23 cases

This text of 2005 UT 7 (State v. Gulbransen) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Gulbransen, 2005 UT 7, 106 P.3d 734, 518 Utah Adv. Rep. 5, 2005 Utah LEXIS 8, 2005 WL 182813 (Utah 2005).

Opinion

WILKINS, Associate Chief Justice:

T 1 The defendant appeals his conviction on four counts of child sodomy for acts he committed as a minor. He claims that the district court erred when it (1) reinstated his conviction and sentenced him ten months after it had transferred his case back to juvenile court, (2) denied his request for a bill of particulars, (8) admitted into evidence at trial photographs of the victim's anus, and (4) admitted testimony at trial concerning laboratory evidence that the State allegedly lost. We affirm.

INTRODUCTION

T2 On November 6, 2000, the State charged then-seventeen-year-old Paul Gul-bransen with three first degree felony counts of aggravated sexual assault, three first degree felony counts of sodomy on a child, two *736 third degree felony counts of dealing material harmful to a minor (pornography), one second degree felony count of burglary, and one class A misdemeanor count of theft. Under the Serious Youth Offender Act ("SYOA"), the juvenile court bound over Gul-bransen to the district court to be tried as an adult on all charges, except for one of the pornography counts.

T3 The four issues Gulbransen brings on appeal arise from his conviction on the child sodomy charges. The factual background of Gulbransen's four claims will be discussed separately, in conjunction with our analysis of each issue.

I. DISTRICT COURT JURISDICTION

A. Background

1 4 The first issue we are asked to consider on appeal is whether the district court had authority to reinstate Gulbransen's conviction and sentence him ten months after it had transferred his case to juvenile court. This issue implicates the juvenile court's responsibility under the SYOA to bind over juveniles charged with certain crimes to district court to stand trial as adults.

[ 5 At the time the State charged Gulbran-sen, he was seventeen years old and therefore came under the purview of the SYOA provisions in Utah Code section 78-8a-602. Utah Code Ann. § 78-8a-602(1) (2002). That act requires a juvenile court to bind over juveniles, sixteen years old and over, to district court if the prosecution shows that there is probable cause to believe that the juvenile committed at least one of nine enumerated serious youth offenses, including aggravated sexual assault. Id. § 78-8a-602(1)-(8). Furthermore, any lesser charges "arising from the same criminal episode" are bound over to district court along -with the serious youth offenses upon a finding of probable cause. Id. § 78-83a-602(7).

T6 On November 18, 2000, the juvenile court found probable cause to believe that Gulbransen had committed the three acts of aggravated sexual assault, thereby qualifying him to be tried as an adult in district court. It also found probable cause to believe Gul-bransen had committed most of the non-SYOA offenses charged, including the three sodomy counts. Therefore, pursuant to the SYOA, the juvenile court bound over Gul-bransen to district court to be tried as an adult for both the SYOA and non-SYOA of-fenges.

T7 On Gulbransen's motion, the district court severed the sexual offenses from the nonsexual counts. Gulbransen then negotiated a plea agreement on the nonsexual counts, and the district court set a trial date for the aggravated sexual assault and child sodomy charges.

T8 Before trial, the State filed an amended information in the sexual offenses case, dropping the three aggravated sexual assault charges, the only SYOA offenses, and adding a fourth child sodomy charge. The matter went to trial in May 2001, and Gulbransen was convicted on all four child sodomy counts.

T9 After trial, but before the district court sentenced Gulbransen, the court of appeals issued its opinion in the case of State v. Tunzi, 2001 UT App 224, 31 P.3d 588 (Tunzi I), overruled by State v. Tunzi, 2002 UT 119, 63 P.3d 70 (Tunzi II). In that decision, the court of appeals interpreted former section 78-82-602(10) of the SYOA, which allowed the juvenile court to regain jurisdiction "over the juvenile when there is an acquittal, a finding of not guilty, or dismissal of the charges in the district court," Utah Code Ann. § 78-8a-602(10) (1996) (amended 2002), to mean that once the SYOA charges are eliminated, the juvenile court regains jurisdiction even if there are other, non-SYOA charges "arising from the same criminal episode" properly before the district court. Tunzi I, 2001 UT App 224 at ¶ 13, 31 P.3d 588.

110 Since Tunzi was only convicted of charges "arising from the same criminal episode" as the SYOA offenses, and not the SYOA offenses themselves, the court of appeals held that former section 78-8a-602(10) required transfer of the non-SYOA offenses back to juvenile court. Id. at 118. The court of appeals therefore vacated Tunzi's conviction in the district court on non-SYOA charges and remanded to the district court *737 with instructions to transfer the case to juvenile court for entry of an adjudication of guilt on the non-SYOA charges. Id. at 19.

{ 11 In light of Tunzi I, Gulbransen moved the district court to transfer his case back to juvenile court for sentencing on the district court's verdict, since he was only convicted of non-SYOA offenses. The State responded that, according to Tunzi I, the district court lost jurisdiction when the SYOA charges were dropped from the information five days before trial, that the trial was therefore a nullity, and that the matter must be transferred back to the juvenile court for new proceedings. The district court agreed with the State's position and transferred the case back to juvenile court by a November 26, 2001 order, finding that the "jury trial where the defendant was found guilty of all counts charged [was] a nullity."

£12 Shortly after the juvenile court regained jurisdiction over Gulbransen's case, the State filed a motion to certify Gulbransen to stand trial in the district court as an adult under Utah's certification statute. 1 On February 6, 2002, the juvenile court bound over Gulbransen to the district court under that statute.

113 Three weeks later, on February 27, 2002, the Utah Legislature amended the SYOA to overrule Tun#i I. The amendment added a new subsection (10) to Utah Code section 78-32-602 (the SYOA), which states:

If a minor enters a plea to, or is found guilty of, any of the charges filed or any other offense arising from the same criminal episode, the district court retains jurisdiction over the minor for all purposes, including sentencing.

14 The amendment also modified the previous subsection (10), now subsection (11) of section 78-8a-602, as follows:

The juvenile court ... and the Division of Youth Corrections regain jurisdiction and any authority previously exercised over the juvenile when there is an acquittal, a finding of not guilty, or dismissal of the all charges in the district court.

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Bluebook (online)
2005 UT 7, 106 P.3d 734, 518 Utah Adv. Rep. 5, 2005 Utah LEXIS 8, 2005 WL 182813, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-gulbransen-utah-2005.