DocketNumber: No. J-9415, CA 7812
Citation Numbers: 31 Or. App. 601, 571 P.2d 163
Judges: Richardson, Schwab, Thornton
Filed Date: 11/15/1977
Status: Precedential
Modified Date: 7/23/2022
Rex, a juvenile, was charged in the juvenile court of Washington County with four counts of robbery in the first degree. He appeals from an order of that court remanding him to the circuit court of Washington County for disposition as if he were an adult.
The questions presented on appeal are:
(1) Did the original remand order comply with the statutory requirement for a specific detailed written finding and the constitutional requirement of a statement of reasons?
(2) Did the juvenile court have jurisdiction to enter the amended remand order, and if so did the amended order comply with the requirements set forth in (1) above?
(3) Was the remand proper under the facts of this case?
We reserved decision in this case pending our Supreme Court’s decision in State ex rel Juv. Dept. v. Cole, 280 Or 173, 570 P2d 365 (1977), which involved the first two issues set forth above.
In order to resolve the above issues the procedural setting of this case must first be briefly set forth.
Following the hearing the juvenile judge made the following findings:
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"3. The above-named child is alleged to be within the jurisdiction of the Court by reason of the following facts:
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"4. The Juvenile Court jurisdiction should be waived
over the alleged offenses due to:
"a. The above juvenile is 18 years old as of January 19,1977. He was taken into custody on these charges 5 days before his 18th birthday.
"b. The above offenses are serious offenses in that all are Class A felonies; all involved premeditation*[604] and planning; all involved the use of a loaded .22 caliber pistol; and all involved other co-defendants.
"c. The above juvenile took an active role in these crimes and in fact is alleged to be the gunman in each of these four robberies.
"d. The above juvenile is not amenable to rehabilitation in facilities or programs available to the Juvenile Court.”
Approximately one hour after the instant appeal by the juvenile was filed, the juvenile judge filed an amended order nunc pro time with extensive additional findings, plus a statement of reasons.
In Cole the court indicated that if a juvenile court makes adequate oral findings, this would meet the requirements of ORS 419.533.
We conclude that in the case at bar the juvenile judge’s statement at the conclusion of the hearing, together with the above findings, was sufficient to meet the requirements of ORS 419.533.
Affirmed.
ORS 419.533 in part provides:
"(1) A child may be remanded to a circuit, district, justice or municipal court of competent jurisdiction for disposition as an adult if:
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"(c) The juvenile court determines that retaining jurisdiction will not serve the best interests of the child because the child is not amenable to rehabilitation in facilities or programs available to the court.
"(2) The juvenile court shall make a specific, detailed, written finding of fact to support any determination under paragraph (c) of subsection (1) of this section.
In announcing its decision the juvenile court stated:
"I’m going to remand Rex and I do so with some reluctance because I have some feeling for what Mr. Littlefield [counsel for Rex] has said about the superficiality of the contacts and the direct contact with Rex. In other words, even applying under the case you cited, the title of the case — you know one-half of the equation is that the person involved — and I’m not saying that all of it is my decision, is flowing from the nonpersonal aspect, although I do take into consideration and Mr. Deits [prosecutor] compared the detailed findings based on what I’m saying now that he can supply a copy to Mr. Littlefield — I concur to begin with that, one, that rehabilitation is not only just simply what we think
"The other thing that I made a note of, this factor of the mother, the family home in Texas. I’m willing to believe that Rex came here not because he was engaged in criminal activities or anything like that. I’ll accept that it was simply because of the family atmosphere and I think you have a tough row to hoe as far as rehabilitation with the family split like that, with having problems of your own financially, of course, and with Rex not only say financially but also physical problems, I think poses some real restraints on the ability of the juvenile system to deal with these, so those are my basic reasons why I do believe he should be remanded over to adult court or above to adult court.
"That is the thrust of my thinking. You may not agree with it, as I say. I would prefer to have more information about Rex, quite frankly, than is available. * * *”