C. R. B. v. State, J-80-458

• Decision Date: 04 January 1982
• Docket Number: No. J-80-458,J-80-458
• Citation: 638 P.2d 1130
• Parties: C.R.B., A Child Under the Age of Eighteen Years, Appellant, v. The STATE of Oklahoma, Appellee.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

Page 1130

638 P.2d 1130

C.R.B., A Child Under the Age of Eighteen Years, Appellant, v. The STATE of Oklahoma, Appellee.

No. J-80-458.

Court of Criminal Appeals of Oklahoma.

Jan. 4, 1982.

An appeal from the District Court, McCurtain County; John A. Benson, judge.

C.R.B., a juvenile appellant, was adjudicated delinquent in the District Court of McCurtain County, Case No. J-80-10, and he appeals. That adjudication is affirmed.

John Shipp, Shipp & De Witt, Idabel, for appellant C.R.B.

Don Shaw, Dist. Atty., Susan Werner, Asst. Dist. Atty., Idabel, for appellee.

OPINION

BRETT, Presiding Judge:

C.R.B. was adjudicated a delinquent in the District Court of McCurtain County, Case No. J-80-10, after a jury found that he had committed an act, which, if committed by an adult, would constitute Burglary in the Second Degree. His adjudication hearing was consolidated with the hearings in two other cases, in which appeals have been lodged in this Court under J-80-456 and J-80-457.

The residence of Mr. and Mrs. Charles Citty, in Idabel, was burglarized on December 24, 1979. State's witness Steve Raines testified that he, J.L.S. and L.E.Y. went to the Cittys' home while C.R.B. stood watch with a flashlight outside of his own house, which was less than one block from the Cittys'. Raines broke into the Cittys' house through a window and then opened the door for the two juveniles. Among the property which the three removed from the Cittys' and carried to C.R.B.'s house were guns and Christmas packages. C.R.B. helped carry the stolen goods into his house.

Sharon Citty testified that she and her husband were gone from their home from approximately 8 p. m. until midnight on December 24, 1979. When they returned they discovered that their home had been burglarized and that the property taken included the following: a .270 Belgium-made Browning gun; a Thompson Center Muzzle Loader, .50 caliber; a .22 Browning; a shotgun; ammunition; a jewelry box; tool boxes; and Christmas gifts.

Police Officer James Hicks testified that his investigation of the crime scene led to an interrogation of C.R.B. and the recovery of certain of the Cittys' property from C.R.B.'s residence. Willie Ray Bennett testified that either between 6:30 and 7 p. m., or at 9:00 p. m. on the night in question, he saw several people at C.R.B.'s home, including the appellant. He left with J.L.S., taking guns and ammunition to J.L.S.'s residence. C.R.B.'s uncle testified that for $20.00 he bought a 12-gauge Remington from C.R.B., at C.R.B.'s home, at 7 or 8 p. m., that same Christmas Eve.

I.

The appellant complains that the trial court erroneously consolidated the three juveniles' adjudicatory hearings absent statutory authority. While the appellant is correct that there is no statutory basis for consolidation of juvenile matters, this Court finds that consolidation of juvenile matters is in the interest of judicial economy provided there has been compliance with 22 O.S.1971, § 438. In the matter before us, the three juveniles allegedly participated in the same act constituting the offense and, had they been adults, could have been charged in the same information. 22 O.S.1971, § 436. Further, the appellant has failed to establish any prejudice resulting from the consolidation. Cooper v. State, 584 P.2d...