Commonwealth v. Alan D.

• Decision Date: 02 October 1981
• Citation: 435 A.2d 1231,291 Pa.Super. 298
• Parties: COMMONWEALTH of Pennsylvania v. ALAN D., Appellant.
• Court: Pennsylvania Superior Court

435 A.2d 1231

291 Pa.Super. 298

COMMONWEALTH of Pennsylvania v. ALAN D., Appellant.

Superior Court of Pennsylvania.

October 2, 1981

Argued April 22, 1981.

William R. Bernhart, Reading, for appellant.

George C. Yatron, Dist. Atty., Reading, submitted a brief on behalf of Commonwealth, appellee.

Before WICKERSHAM, MONTEMURO and WATKINS, JJ.

WICKERSHAM Judge:

On April 24 1980 in the Court of Common Pleas of Berks County Pennsylvania Juvenile Division, the defendant was found guilty of the summary offense of criminal mischief and was fined one hundred dollars ($100.00), costs and restitution. The juvenile-appellant appealed to this court. ^[1]

Following an episode where two concrete and wooden park benches were found overturned in a tree-well at the West Reading Playground, West Reading Police charged Alan D., age 12, with criminal mischief under the Pennsylvania Crimes Code, 18 Pa.C.S. § 3304(a)(2). A district justice entered a summary criminal conviction against defendant on the offense charged on November 20, 1979, imposed a $300 fine and ordered restitution in the amount of $150.34. Defendant timely appealed his summary criminal conviction to the Court of Common Pleas of Berks County for a trial de novo Pa.R.Crim.P. 67, and shortly thereafter the matter was ordered transferred from regular miscellaneous court to the juvenile division. Defendant, at the time of trial, challenged the jurisdiction of the juvenile division of the court of common pleas over an appeal from a district justice's summary conviction.

Following testimony, the lower court entered its adjudication: finding defendant guilty beyond a reasonable doubt of the acts alleged, imposed a fine of $100, and ordered defendant to make restitution in the amount of $300.68. The court further found that the amount of damages being less than $500, the crime committed was a summary offense, 18 Pa.C.S. § 3304(b), and unless 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.

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 under the law and that the term shall not include summary offenses, "unless the child fails to pay a fine levied thereunder ...." However, jurisdiction under the Act does not depend solely on allegations of delinquency. Section 6303 of the Act, entitled "Scope of chapter," provides that in addition to proceedings in which delinquency is alleged, the Act shall apply to "(t)ransfers under section 6322 (relating to transfer from criminal proceedings)." Section 6322, subsection (a), states, in pertinent part, that:

(I)f 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. (Emphasis added).

A threshold question in applying the facts of the case to the above section would be whether a hearing on a charge of a summary offense is a "criminal proceeding." The Crimes Code, 18 Pa.C.S. § 101, et seq., itself provides the answer. Section 106 of the Crimes Code, subsection (a), states: "An offense defined by this title for which a sentence of death or of imprisonment is authorized constitutes a crime." 18 Pa.C.S. § 106(a) (Supp.1981-82) (emphasis added). At section 1105, the Crimes Code provides: "A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days. Interest of Golden, 243 Pa.Super. 267, 365 A.2d 157 (1976). It follows logically that a criminal proceeding encompasses a summary offense.

In the instant case, following defendant's appeal of his summary criminal conviction, the case was listed for a hearing in the common pleas court to be held January 9, 1980. Five days after that hearing, on January 14, 1980, the trial judge entered an order on the record noting that defendant was a child and certifying the matter to the juvenile division of the court. Thus, the procedures enumerated in section 6322, subsection (a), were carried out precisely according to their terms. We believe that section 6303 of the Act, subsection (a)(2), which directs that the Act applies exclusively to transfers under section 6322, confers jurisdiction over a matter such as this one to the juvenile division of the court of common pleas.

It is significant to note that the lower court did not find that the child had committed a delinquent act and did not find that Alan D. was a delinquent child as those terms are defined in section 6302 of the Act. Clearly the term delinquent act expressly excludes summary offenses. ^[2]

When Alan D. appeared before the court of common pleas in a de novo proceeding arising out of his appeal from a conviction before a district justice, Alan D. was clearly involved in a "criminal proceeding". Being a child, age 12, the Juvenile Act immediately became applicable and it was appropriate and proper to transfer the case to the division of the court assigned to conduct juvenile hearings. Sections 6303 and 6322 of the Act clearly support the action taken by the Juvenile Division of the Court of Common Pleas of Berks County, and we affirm the order of the court below. ^[3]

MONTEMURO, J., files a dissenting opinion.

MONTEMURO Judge, dissenting:

The only question before this court is whether the Juvenile Division of the Court of Common Pleas of Berks County had jurisdiction to hear the appeal de novo of a juvenile's conviction of the summary offense of criminal mischief before a District Justice. The majority agreed with the lower court that it had jurisdiction. Since I do not agree, I must respectfully dissent.

Alan D. a 12-year-old child, was charged on a citation with the crime of criminal mischief. ^[1] He was subsequently tried before a District Justice and was found guilty as charged. The sentence of the District Justice was a fine in the amount of three hundred dollars ($300.00) and restitution in the amount of one hundred fifty-four dollars and thirty-four cents ($154.34). ^[2]

The juvenile filed a timely appeal of his summary criminal conviction to the Court of Common Pleas for a trial de novo. ^[3] Shortly thereafter, the Court of Common Pleas of Berks County, Miscellaneous Division, on its own motion, transferred the case for trial to the Juvenile Division of the Court of Common Pleas of Berks County. ^[4]

Counsel for the juvenile entered a timely objection to the jurisdiction of the Juvenile Division of the Court of Common Pleas to hear a case involving a juvenile charged with a summary offense and to render a finding of guilt or innocence.

The juvenile court has jurisdiction over children charged with delinquent acts. In Re Gillen, 236 Pa.Super. 521, 344 A.2d 706 (1975). The Juvenile Act, Act of July 9, 1976, P.L. 586, No. 142, § 2, eff. June 27, 1978, 42 Pa.C.S.A. § 6302 (Purdon's 1980 Pamphlet), defines "Delinquent Act" as follows:

(1) The term means an act designated a crime under the law of this Commonwealth, or of another state if the act occurred in that state, or under Federal law, or under local ordinances.

(2) The term shall not include:

(i) the crime of murder; or

(ii) summary offenses, unless the child fails to pay a fine levied thereunder, in which event notice of such fact shall be certified to the court. (emphasis added)

The majority agrees that this provision of the law is clear and that the juvenile court does not have jurisdiction over summary offenses unless the child fails to pay a fine levied thereunder, in which event notice of such fact shall be certified to the court. ^[5] Here, the juvenile did not fail to pay the fine levied by the District Justice but instead appealed his conviction to the Court of Common Pleas pursuant to Pa.R.Crim.P. 67.

Neither the majority nor the court below was deterred by this road block to jurisdiction. Determined as they were to find jurisdiction, where I submit none existed, a detour was sought via Sections 6303 and 6322 of the Act.

Section 6303 entitled "Scope of Chapter" provides that in addition to proceedings in which a child is alleged to be delinquent or dependent, the Act shall apply to "transfers under Section 6322 (relating to transfer from criminal proceedings)." Section 6322, subsection (a), provides that:

... 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. (Emphasis added by the majority.)

But here the lower court, with the majority repeating the lower court's language almost verbatim, and thus agreeing found the detour as difficult as the main roadblock and a tortuous process of "legal bootstrapping" was begun. They said that "a threshold question in...