Com. v. Kirk J.
| Decision Date | 11 December 1981 |
| Parties | COMMONWEALTH of Pennsylvania, v. KIRK J., Appellant. |
| Court | Pennsylvania Superior Court |
William J. Madden, Sharon, for appellant.
Charles S. Hersh, Asst. Dist. Atty., Mercer, for Commonwealth, appellee.
Before WICKERSHAM, BECK and WIEAND, JJ.
On August 5, 1980, appellant, Kirk J., was found guilty by District Justice Joseph V. Gabany of the following violations of the Vehicle Code: driving a motor vehicle without a license, a summary offense under 75 Pa.C.S. § 1501(a); fleeing or attempting to elude a police officer, a summary offense under 75 Pa.C.S. § 3733(a); and driving an unregistered vehicle, a summary offense under 75 Pa.C.S. § 1301. Fines in the total amount of $425.00 plus costs were assessed. The juvenile then appealed to the Court of Common Pleas of Mercer County.
At the de novo hearing before the court of common pleas the juvenile contended that since he was fifteen years old, section 6303 of the Vehicle Code, 75 Pa.C.S., was not applicable to him. This section states:
Any person over the age of 16 years charged with the violation of any provisions of this title constituting a summary offense shall have all the rights of an adult and may be prosecuted under the provisions of this title in the same manner as an adult.
Appellant argued before the court of common pleas that based on this section the court had no jurisdiction to hear this case. The court of common pleas agreed and then transferred the matter into juvenile court by applying section 6322 of the Juvenile Act, 42 Pa.C.S. Section 6322 states:
Except as provided in 75 Pa.C.S. § 6303 (), if it appears to the court in a criminal proceeding other than murder, that the defendant is a child, this chapter shall immediately become applicable, and the court shall forthwith halt further criminal proceedings, and, where appropriate, transfer the case to the division or a judge of the court assigned to conduct juvenile hearings, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case.
Following a hearing held by the juvenile court before the Honorable John Q. Stranahan, President Judge of Mercer County, the court entered an order on December 5, 1980, finding appellant guilty of driving a vehicle while unlicensed, driving an unregistered motor vehicle, and fleeing or attempting to elude a police officer. The court imposed a fine of $100.00 and costs upon the juvenile and directed that he pay the fine and costs within thirty (30) days. The court further found that Kirk J. was a delinquent child.
On December 24, 1980, an appeal was filed with this court and the single question presented was whether the commission of a summary motor vehicle violation by a juvenile under the age of sixteen was a "delinquent act" under the Juvenile Act, 42 Pa.C.S. §§ 6301, et seq.
In Commonwealth v. Alan D., --- Pa. Superior Ct. ---, 435 A.2d 1231 (1981), we considered a similar question. In Alan D., the defendant, age twelve, was found guilty by a district justice of the summary offense of criminal mischief, 18 Pa.C.S. § 3304(a)(2). The juvenile appealed to the Court of Common Pleas of Berks County, and the matter was ordered transferred from regular miscellaneous court to the juvenile division. Following testimony, the juvenile court found appellant guilty of the summary offense, imposed a fine of $100.00, and ordered the defendant to make restitution. The court further found that unless the defendant failed to pay the fine levied, he had not committed a delinquent act, and, therefore, was not a delinquent child. 42 Pa.C.S. § 6302.
On appeal to this court, the defendant in Alan D. challenged the jurisdiction of the juvenile division of the court of common pleas over his appeal from the district justice's summary conviction. We affirmed the juvenile court's order and held that section 6303 of the Juvenile Act, subsection (a)(2), which directs that the Act applies exclusively to transfers under section 6322, confers jurisdiction over the child's appeal to the juvenile division. We stated the following:
Underlying appellant's objection to jurisdiction appears to be the contention that the Juvenile Act, 42 Pa.C.S. §§ 6301, et seq., applies only to delinquent acts, that summary offenses are not included within the designation "delinquent act," and, therefore, the juvenile division lacks jurisdiction over the subject matter of this case. Section 6302 of the Juvenile Act (hereinafter "Act") indeed provides that a delinquent act is one designated a crime...
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R.R., In Interest of
...As the district justice was vested with the authority to try appellant on the summary charges, [See and compare: Commonwealth v. Kirk J., 293 Pa.Super. 487, 439 A.2d 680 (1981); Commonwealth v. Alan D., 291 Pa.Super. 298, 435 A.2d 1231 (1981) ], jeopardy attached after the first witness had......
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Huff, Matter of
...he could not be adjudged a delinquent child. This court affirmed the actions of the courts below. Accord, Commonwealth v. Kirk J., 293 Pa.Super. 487, 439 A.2d 680 (1981). Given Alan D. and Kirk J., I fail to see how the majority can conclude that "juvenile court, then, is without jurisdicti......
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Com. v. Bursick
...348, 353 (1983) (magistrates have authority to convict juveniles of summary offenses under the Vehicle Code); Commonwealth v. Kirk J., 293 Pa.Super. 487, 439 A.2d 680 (1981) (fifteen year old defendant convicted by a magistrate for a summary offense under the Vehicle Code). See also 42 Pa.C......
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In Interest of F.L., 2005 PA Super 365 (PA 10/26/2005)
...jurisdiction over summary offenses has been clarified by case law. See Bursick, 526 Pa. at 6, 584 A.2d at 291; Commonwealth v. Kirk J., 439 A.2d 680 (Pa. Super. 1981); Commonwealth v. Alan D., 435 A.2d 1231 (Pa. Super. 1981). Second, juvenile courts also may assume jurisdiction over summary......