Com. v. Jackson

• Decision Date: 21 January 1999
• Citation: 555 Pa. 37,722 A.2d 1030
• Parties: COMMONWEALTH of Pennsylvania, Appellant, v. Theodore JACKSON, Appellee.
• Court: Pennsylvania Supreme Court

722 A.2d 1030

555 Pa. 37

COMMONWEALTH of Pennsylvania, Appellant, v. Theodore JACKSON, Appellee.

Supreme Court of Pennsylvania.

Argued October 22, 1998.

Decided January 21, 1999.

Catherine Marshall, Grady Gervino, Philadelphia, for the Com.

Sheryl S. Chernoff, Mark Scott-Sedley, Philadelphia, for Theodore Jackson.

Before FLAHERTY, C.J., and ZAPPALA, CAPPY, CASTILLE, NIGRO, NEWMAN and SAYLOR, JJ.

OPINION

NEWMAN, Justice.

The Commonwealth appeals from an order by the Superior Court reversing Theodore Jackson's judgment of sentence by the Philadelphia County Court of Common Pleas for convictions of two counts of robbery, conspiracy, and possession of an instrument of crime and remanding Jackson's case to the juvenile court. We reverse.

Following a certification hearing on January 17, 1995, the juvenile court ordered that Jackson, who was then sixteen years old, be tried as an adult. On October 16, 1995, in the criminal division, a jury convicted Jackson, and the trial court sentenced him to a mandatory minimum imprisonment of five to ten years for each of his robbery convictions to be served concurrently, with concurrent sentences of five to ten years for conspiracy, and two and one-half to five years for possessing an instrument of crime. Jackson appealed his case to the Superior Court on four grounds. On January 17, 1997, the Superior Court, in a published opinion, Commonwealth v. Jackson, 456 Pa.Super. 181, 690 A.2d 240 (1997), reversed and remanded on the basis that the juvenile court abused its discretion in transferring his charges to the criminal division.

We granted allocatur to review the following two issues related to adult certification:

1. Did the Superior Court err by ruling that a juvenile court commits a gross abuse of discretion when it fails to explain its decision to reject a probation officer's recommendation against adult certification?

2. Did the Superior Court err in assuming that the juvenile court in the present case did not fully consider all of the relevant information before it in reaching a discretionary determination to transfer Jackson's charges to the criminal division?

FACTS

On December 28, 1994, Jackson and three (3) other men, all bearing firearms, entered an occupied Philadelphia bar at approximately 8:30 p.m. Jackson was fifteen (15) years old at the time. Jackson and his three co-conspirators ordered the patrons to lie on the floor and surrender their money and jewelry. One robber guarded the door. Spotting one man who did not immediately fall to the floor, Jackson rushed towards him and put his gun to the man's ear. After the two other men took money from the cash register, money, and jewelry from the patrons, all four robbers fled the bar. A patron, Anthony Castle, pursued the four men, and a car chase ensued throughout Philadelphia. One of the robbers fired several rounds from his car at Mr. Castle, but no one was injured. Mr. Castle stopped his pursuit of the robbers and, shortly after that, he provided a description of the men to the police. The police searched the area and apprehended three of the four robbers, including Jackson. Mr. Castle identified Jackson as one of the perpetrators. The owner of the bar, Robert Harley, identified Jackson as the man who pressed a gun to his ear.

ANALYSIS

I. Probation Officer's Report

The Commonwealth contends first that the Superior Court erred by misinterpreting the role of a probation officer's report in a certification determination. Specifically, the Superior Court ruled that the juvenile court abused its discretion by certifying Jackson as an adult without explaining why the court chose to disregard the probation officer's recommendation contained in Jackson's juvenile file.

The Superior Court must not upset the certification decision of a juvenile court unless the court has either failed to provide "specific reasons for its conclusion that the juvenile is not amenable to treatment" or "the court committed a gross abuse of discretion." Commonwealth v. Moss, 518 Pa. 337, 341, 543 A.2d 514, 516 (1988) (quoting Commonwealth v. Stokes, 279 Pa.Super. 361, 367, 421 A.2d 240, 243 (1980)). The existence of facts in the record that would support a contrary result does not demonstrate a gross abuse of discretion. Id. at 341-42, 543 A.2d at 516. To rise to a level of gross abuse of discretion, the court rendering the adult certification decision must have misapplied the law, exercised unreasonable judgment, or based its decision on ill will, bias, or prejudice. Commonwealth v. Rush, 522 Pa. 379, 385 n. 1, 562 A.2d 285, 287 n. 1 (1989).

The stated purposes of the Juvenile Act,¹ 42 Pa.C.S. § 6301 et seq., include the supervision, care, and rehabilitation of minors, who, although having committed delinquent acts, would benefit less from an adult criminal sentence. 42 Pa.C.S. § 6301(b)(2). Without question, probation officers carry out an important function about juvenile rehabilitation. The legislature endowed probation officers with responsibilities for the care, protection, treatment, and rehabilitation of delinquent minors. See 42 Pa.C.S. § 6304 official comment (1976). Section 6304 of the Juvenile Act sets forth specific duties of probation officers. For instance, the Juvenile Act requires probation officers to make investigations, reports, and recommendations to the court regarding a juvenile arrested and charged with a delinquent act. 42 Pa.C.S. § 6304(a)(1). When the Commonwealth petitions the juvenile court to certify a juvenile as an adult for the commission of a crime or public offense, the probation officer assigned to the case must make a recommendation to the court.

In preparation for Jackson's certification hearing, a probation officer prepared a juvenile file. The contents of the file included Jackson's report card and attendance record, a psychological summary, and the probation officer's report. The probation officer recommended against certifying Jackson to stand trial as an adult. At the certification hearing, the juvenile court possessed Jackson's entire juvenile file. Jackson's counsel focused the attention of the court on some of the more laudable aspects of Jackson's background. Jackson was a minor, who had no previous contact with the adult or juvenile criminal system. Although Jackson's regular school had expelled him for assaulting a teacher, his counsel informed the court that Jackson's grades and attendance at a disciplinary school were good, and the disciplinary school had recommended his transfer back to regular school. Prior to his arrest, Jackson lived with his mother. Both of Jackson's parents told the probation officer that their son was generally a good person. The Commonwealth countered the probation officer's recommendation by highlighting facts in the record presenting a less optimistic picture of Jackson's amenability to treatment in a juvenile system. First, the Commonwealth emphasized the adult nature and seriousness of the crime. Jackson participated in a premeditated, deliberate, and violent criminal activity with the potential for substantial bodily injury. Second, not only had Jackson been expelled from his regular school for assault, but also his first disciplinary school had transferred him to a second disciplinary school for possession of a BB gun.

Before the 1995 amendments to the Juvenile Act, a juvenile court could only transfer a minor's case to the adult criminal system if the following conditions were satisfied:

(1) The child was 14 or more years of age at the time of the alleged conduct.

(2) A hearing on whether the transfer should be made is held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at least three days before the hearing.

(4) The court finds:

(i) that there is a prima facie case that the child committed the delinquent act alleged;

(ii) that the delinquent act would be considered a felony if committed by an adult; and

(iii) that there are reasonable grounds to believe all of the following:

(A) That the child is not amenable to treatment, supervision, or rehabilitation as a juvenile through available facilities, even though there may not have been a prior adjudication of delinquency. In determining this, the court shall consider the following factors:

Age.

Mental capacity.

Maturity.

The degree of criminal sophistication exhibited by the child.

Previous records, if any.

The nature and extent of any prior delinquent history, including the success or failure of any previous attempts by the Juvenile Court to rehabilitate the child.

Whether the child can be rehabilitated prior to the expiration of the Juvenile Court jurisdiction.

Probation or institutional reports, if any.

The nature and circumstances of the acts for which the transfer is sought.

Any other relevant factors.

(B) That the child is not committable to an institution for the mentally retarded or mentally ill.

(C) That the interests of the community require that the child be placed under legal restraint or discipline or that the offense is one, which would carry a sentence of more than three years if committed by an adult.

42 Pa.C.S. § 6355(a).

Completeness of a juvenile file greatly assists a juvenile court's fact finding and determination of adult certification. Because a probation officer frequently has the most comprehensive information about a delinquent youth, a juvenile court should dutifully review a probation officer's report and recommendation. However, a probation officer's report is only one factor that a court must consider when determining whether a minor is amenable to treatment as a juvenile. See 42 Pa.C.S. § 6355(a)(4)(iii)(A). The Juvenile Act places no greater or lesser weight on the probation officer's report than any of the other statutory factors before a juvenile court. In one case, the crime may be less sophisticated than in other cases, but the...