Castillo v. State
| Decision Date | 23 May 1994 |
| Docket Number | No. 24559,24559 |
| Citation | 874 P.2d 1252,110 Nev. 535 |
| Parties | Alejandro Jose CASTILLO, Appellant, v. The STATE of Nevada, Respondent. |
| Court | Nevada Supreme Court |
Appellant Alejandro Jose Castillo (Castillo) was one month shy of his sixteenth birthday when he committed six offenses, each of which would have been a felony if committed by an adult. 1 He was charged after he turned sixteen and was certified to stand trial as an adult pursuant to NRS 62.080. Castillo then fled the state before he could be tried or sentenced. He was arrested two years later in Florida and pleaded guilty to sexual assault, battery with intent to commit sexual assault, and felony failure to appear. The district court sentenced Castillo to life with the possibility of parole for sexual assault, to run consecutively to a ten year sentence for battery with intent to commit sexual assault and concurrently with a six year sentence for failure to appear. Castillo argues on appeal that: (1) amended NRS 62.080, which prevents a juvenile from being certified as an adult unless he commits a crime after age sixteen, should retroactively apply to him, (2) his sentence is unconstitutional, (3) the district court relied on improper evidence at the sentencing hearing, and (4) NRS 62.080 violates the right to due process in failing to provide specific guidelines for the certification process. For the reasons stated below, we reject Castillo's contentions and affirm his conviction.
On the evening of May 4, 1988, Castillo entered Lynne's residence wearing a black ski mask and gloves. Lynne was sleeping in her bed along with her four-year-old son. Upon observing Lynne, Castillo began to assault her--grabbing her by the hair and slamming her head into the brass bedposts. He then tried to remove her sweat pants while pushing his knee into her chest and stomach. Lynne managed to scream and alert her roommate, and Castillo ran away.
On the evening of May 5, 1988, Castillo left his residence and hid near Debbie's home. Debbie was eighteen years old and had been out with a girlfriend. She dropped off her friend and then pulled into her garage and exited her car. Castillo emerged from the shadows and knocked Debbie to the ground. Debbie began screaming and Castillo began punching her in the face. Castillo then climbed on top of Debbie and grabbed her by the hair. He pounded her head into the cement floor so hard that she lost consciousness for a few minutes. Castillo pulled most of her clothing off and began forcible sexual intercourse. He withdrew his penis and ejaculated on her face. Castillo got up and kicked Debbie in the stomach before riding away on a stolen bicycle. Debbie ran into her house to get help from her parents. Her mouth was cut and swollen and her left eye was swollen shut. She was immediately transported to Carson-Tahoe Hospital.
Castillo was arrested on May 6, 1988, and charged with possession of stolen property--the bicycle used on May 5, 1988. Castillo entered an admission to a juvenile petition charging grand larceny and possession of stolen property and was granted probation. He turned sixteen years old on June 8, 1988. On July 18, 1988, the State filed a petition alleging delinquency with the juvenile court charging Castillo with sexual assault, attempted sexual assault, two counts of battery with intent to commit sexual assault, and two counts of burglary. Castillo was arrested, placed into custody at the juvenile detention center in Carson City, and transferred to the Nevada Youth Training Center in Elko after he escaped from the Carson City facility.
On August 9, 1988, the State filed a motion pursuant to NRS 62.080 to certify Castillo to be tried as an adult. The juvenile judge denied the State's motion, and subsequently this court issued a writ of mandamus reinstating the State's petition for certification. See State v. District Court, 105 Nev. 644, 781 P.2d 776 (1989). In response to our decision, on May 13, 1991, the Nevada Legislature amended NRS 62.080 to state that "no child may be [certified as an adult] unless he was 16 years of age or older at the time he allegedly committed the offense charged." NRS 62.080(1).
Meanwhile, pursuant to our grant of the State's petition for a writ of mandamus, the district court considered the State's petition and certified Castillo to stand trial as an adult. Castillo appealed to this court, futilely attempting to transfer his case back to juvenile court. See Castillo v. State, 106 Nev. 349, 792 P.2d 1133 (1990). At his arraignment on April 10, 1990, Castillo declined to enter a plea, and the district court entered a not guilty plea to all charges. While Castillo's second appeal was pending, the State filed a motion for bail increase. Castillo failed to appear for the hearing, and a bench warrant was issued for his arrest. Castillo subsequently failed to appear for the jury trial that was scheduled for June, 1990, and continued until September, 1990.
Castillo was finally arrested in Florida in September, 1992, as a result of illegal activities. Between June, 1990, and September, 1992, Castillo obtained a Florida identification card and driver's license in the name of Luis Ortiz, received six traffic citations while using the name Luis Ortiz, and had his driver's license suspended indefinitely for failure to pay fines. Castillo was arrested for disorderly conduct, trespassing, and burglary, resulting in two misdemeanor convictions. Castillo's burglary arrest involved Castillo approaching a woman from behind and telling her she had gum stuck to her shoe, then bending down, removing the victim's shoe, and licking and kissing her foot and toes. The victim grabbed her shoe and ran into a business, and Castillo was subsequently observed burglarizing the victim's vehicle.
On April 1, 1993, pursuant to a plea bargain in which four of the original felony charges were dismissed, Castillo entered a guilty plea to two charges--one for sexual assault on Debbie and one for battery with intent to commit sexual assault on Lynne. He also pleaded guilty to the felony charge of failure to appear that was filed against him on February 2, 1993. The district court imposed the maximum sentence for each offense. Castillo appeals from this sentence.
Whether Amended NRS 62.080 Should Apply Retroactively.
Prior to 1991, NRS 62.080 provided:
If a child 16 years of age or older is charged with an offense which would be a felony if committed by an adult, the juvenile division of the district court, after full investigation, may in its discretion retain jurisdiction or certify the child for proper criminal proceedings to any court which would have trial jurisdiction of such offense if committed by an adult; but no child under 16 years of age may be so certified.
In 1991, the Nevada Legislature amended NRS 62.080 to state: "[n]o child may be [certified as an adult] unless he was 16 years of age or older at the time he allegedly committed the offense charged." 1991 Nev.Stat., ch. 160, sec. 11, pp. 304-05. Castillo asserts that the district court erred in failing to apply amended NRS 62.080 to his case. Because Castillo committed the crimes one month shy of his sixteenth birthday, retroactive application of NRS 62.080(1) would result in a finding that the district court lacked jurisdiction to try Castillo as an adult.
In Nevada and neighboring jurisdictions, changes in statutes are presumed to operate prospectively absent clear legislative intent to apply a statute retroactively. Allstate Insurance Co. v. Furgerson, 104 Nev. 772, 776, 766 P.2d 904, 907 (1988); Walstrom v. State, 104 Nev. 51, 53 n. 3, 752 P.2d 225, 227 n. 3 (1988); accord White v. Western Title Co., 40 Cal.3d 870, 221 Cal.Rptr. 509, 516, 710 P.2d 309, 316 (1985); Riley v. People, 828 P.2d 254, 257 (Colo.1992).
There is no indication that the Legislature intended that amended NRS 62.080 apply retroactively. The amendment was a small part of an omnibus crime bill that was not debated because all parties were in agreement. Though the law was passed in May, 1991, it did not become effective until October 1, 1991. The only indication of legislative intent with regard to the amendment is found in the minutes of the Assembly Judiciary Committee, which state:
Section 11 dealt with juvenile-adult jurisdiction. The Nevada Supreme Court case of State of Nevada v. District Court in November, 1989 resulted in confusion in the law on this issue.... Mr. Picker opined the legislature intended if the crime was committed by a person who was 16 at the time of the crime, then he qualified for adult adjudication upon a motion of the district attorney. Section 11 would clarify the statute toward that intent.
Hearing on A.B. 383 Before the Assembly Judiciary Committee, March 20, 1991, p. 4. As the above-quoted passage shows, the Legislature, as a result of this court's opinion in State v. District Court, 105 Nev. 644, 781 P.2d 776 (1989), was well aware of Castillo's case at the time that it amended the statute. If the Legislature was concerned with Castillo or others in his situation and intended the statute to apply retroactively, they could have so directed. Nowhere in the legislative history does the Legislature indicate an intent that the amendment apply retroactively.
Appellant argues that because NRS 62.080 is a statute which is both procedural and remedial, it should apply retroactively despite such lack of legislative intent. See Harrison v. Otis Elevator Co., 935 F.2d 714, 719 (5th Cir.1991) (...
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