Commonwealth v. Mogelinski

• Decision Date: 13 November 2015
• Docket Number: SJC–11856.
• Citation: 40 N.E.3d 544,473 Mass. 164
• Parties: COMMONWEALTH v. Matthew A. MOGELINSKI.
• Court: United States State Supreme Judicial Court of Massachusetts Supreme Court

473 Mass. 164

40 N.E.3d 544

COMMONWEALTH

v.Matthew A. MOGELINSKI.

SJC–11856.

Supreme Judicial Court of Massachusetts, Franklin–Hampshire.

Argued Sept. 8, 2015.

Decided Nov. 13, 2015.

Cynthia M. Von Flatern, Assistant District Attorney, for the Commonwealth.

John T. Ouderkirk, Jr., Worcester, for the defendant.

Present: GANTS, C.J., SPINA, CORDY, BOTSFORD, DUFFLY, LENK, & HINES, JJ.

Opinion

LENK

, J.

In this case, we address an issue precipitated by our decision in Commonwealth v. Mogelinski, 466 Mass. 627, 1 N.E.3d 237 (2013)

( Mogelinski I ). There, we decided, among other things, that the Juvenile Court did not have jurisdiction over youthful offender indictments, G.L. c. 119, § 54, that issued after the defendant's eighteenth birthday, notwithstanding the prior existence of timely

filed delinquency complaints, involving much the same facts, on which nolle prosequi was subsequently entered. In the wake of our decision, the youthful offender indictments were dismissed. The Commonwealth thereafter filed, in the Juvenile Court, a delinquency complaint essentially identical to those where nolle prosequi was previously entered in order to seek a transfer hearing. See G.L., c. 119, § 72A

. The question before us is whether the Juvenile Court has jurisdiction to proceed on the basis of the newly filed complaint. We conclude that it does.

1. Background and prior proceedings. On May 10, 2011, delinquency complaints were filed against the defendant alleging two counts of rape of a child under sixteen, G.L. c. 265, § 23

, and three counts of indecent assault and battery of a child under fourteen, G.L. c. 265, § 13B. The defendant was then less than two weeks shy of his eighteenth birthday.¹

A summons issued on May 11, 2011, ordering the defendant to appear in the Juvenile Court on May 31, 2011. Between the date the summons issued and the date of the court appearance, the defendant turned eighteen. The defendant appeared in Juvenile Court on May 31, 2011, and was duly arraigned on the delinquency complaints.

In December, 2011, the Commonwealth sought youthful offender indictments against the defendant pursuant to G.L. c. 119, § 54

, on the basis of a subset of the acts that were the subject of the complaints, i.e., those offenses alleged to have occurred after the defendant had turned fourteen. The basis of the May, 2011, complaints was the defendant's alleged sexual abuse of the victim over a seven-year period, from August, 2001, until December, 2008, when the defendant was between eight and fifteen years old. The December, 2011, youthful offender indictments alleged that the offenses occurred between May 23, 2007, and December 31, 2008, when the defendant was between fourteen and fifteen years old. See Mogelinski I, supra at 642 n. 9, 1 N.E.3d 237

. The Commonwealth sought the indictments, which would have kept proceedings

in the Juvenile Court, prior to our decision in Commonwealth v. Nanny, 462 Mass. 798, 801–806, 971 N.E.2d 762 (2012)

( Nanny ), clarifying that such youthful offender indictments could not be returned after a defendant's eighteenth birthday.

After the indictments were returned on December 5, 2011, the Commonwealth entered nolle prosequi on all of the delinquency complaints. The defendant then moved unsuccessfully to dismiss the indictments, arguing that the Juvenile Court had no jurisdiction to proceed on indictments issued after his eighteenth birthday. On reported questions following the denial of that motion, we concluded in Mogelinski I, supra at 646, 1 N.E.3d 237

, that the Juvenile Court did not have jurisdiction over youthful offender indictments returned after the defendant's eighteenth birthday, notwithstanding the prior existence of timely filed juvenile delinquency complaints, brought on much the same facts, on which nolle prosequi previously entered. The youthful offender indictments were thereafter dismissed.

In January, 2014, acting pursuant to G.L. c. 119, § 72A

, the Commonwealth brought a new complaint in the Juvenile Court against the then twenty year old defendant. Like the 2011 juvenile delinquency complaints, the 2014 complaint charged the defendant with two counts of rape of a child under sixteen, G.L. c. 265, § 23, and three counts of indecent assault and battery on a child under fourteen, G.L. c. 265, § 13B.

Before arraignment, a Juvenile Court judge granted the defendant's motion to dismiss the complaint for lack of jurisdiction, essentially on the basis that the defendant's prior apprehension on the 2011 complaints precludes compliance with one of the prerequisites for proceeding under G.L. c. 119, § 72A

, i.e., that the defendant “is not apprehended until after his ... eighteenth birthday.” The Commonwealth appealed, and we transferred the case to this court on our own motion.

2. Discussion. The Commonwealth contends that the judge did not have authority to dismiss the complaint before the defendant's arraignment, and that the Juvenile Court in fact had jurisdiction over the defendant to proceed on the 2014 complaint. We consider each claim in turn.

a. Dismissal prior to arraignment. In Commonwealth v. Humberto H., 466 Mass. 562, 575, 998 N.E.2d 1003 (2013)

(Humberto H. ), we held that,

“[w]here, as here, a juvenile files a motion to dismiss a complaint before arraignment based on the absence of probable cause, and where a judge, after reviewing the ‘four corners' of the complaint application, concludes that there is a substantial likelihood that the motion is meritorious, a judge does not abuse his discretion in deciding to hear and rule on that motion before arraignment to protect the child from the potential adverse consequences of a [Court Activity Record Information database] record.”

The Commonwealth urges us to limit the motions to dismiss that permissibly may be heard by a Juvenile Court judge before arraignment to those based on the absence of probable cause. However, given our analysis in Humberto H., supra, we discern no good reason to preclude the judge from exercising discretion where, as here, the judge determines that there is no jurisdiction based on the record before her.

b. Availability of a transfer hearing. The Juvenile Court is a court of limited jurisdiction, which “has no ... authority in the absence of a specific statutory authorization.” Commonwealth v. A Juvenile, 406 Mass. 31, 34, 545 N.E.2d 1164 (1989)

. As we said in Mogelinski I, supra at 630–631, 1 N.E.3d 237,

“In general, the Juvenile Court has jurisdiction over children between the ages of seven and seventeen who are alleged to have committed an offense (other than murder) prior to their seventeenth birthday. G.L. c. 119, §§ 52

, 74. The Juvenile Court also retains jurisdiction over children who turn eighteen while their cases are pending, in order to adjudicate ‘all remands and retrials following appeals from their cases, or during continuances or probation, or after their cases have been placed on file, or for any other proceeding arising out of their cases.’ G.L. c. 119, § 72 (a ) (where proceeding commenced via delinquency complaint). G.L. c. 119, § 72 (b ) (where proceeding commenced via youthful offender indictment).” (Footnote omitted.)

However,

“[w]hile proceedings under either a delinquency complaint or a youthful offender indictment presuppose that an individual is under the age of eighteen when the proceeding is commenced, the Commonwealth is not precluded from prosecuting individuals who are ‘apprehended’ after their eighteenth birthdays for offenses committed prior to turning seventeen. See G.L. c. 119, § 72A

.” (Footnote omitted.)

Mogelinski I, supra at 632, 1 N.E.3d 237

.

Pursuant to the version of G.L. c. 119, § 72A

, at issue in this case,² all defendants who meet two statutory predicates (commission of offense prior to seventeenth birthday and apprehension after eighteenth birthday) are to be afforded the protections of a transfer hearing. See Mogelinski I, supra at 644–645, 1 N.E.3d 237. There is no dispute as to the first statutory predicate. The question before us as to the Juvenile Court's jurisdiction over the 2014 complaint rests on whether the second predicate was met, i.e., whether the defendant was “not apprehended until after his eighteenth birthday.” G.L. c. 119, § 72A.

In Mogelinski I, supra at 634–635, 1 N.E.3d 237

, we held for purposes of G.L. c. 119, §§ 72 and 72A, that apprehension occurs upon commencement of process, provided the defendant is available to the court.³ Commencement of process is in this context ordinarily achieved by the issuance of a summons, which serves as a notification of the pending charges. Mogelinski I, supra at 635, 1 N.E.3d 237

. Insofar as G.L. c. 119, § 72A, required that the defendant not be “apprehended until after his eighteenth birthday,” and the defendant here was summonsed on the 2014 complaint when he was twenty years old, the second statutory predicate would appear to be satisfied. The defendant, however, maintains that his apprehension in 2011 on identical complaints where nolle prosequi have been entered precludes the apprehension contemplated by G.L. c. 119, § 72A, either because that section contemplated that the first apprehension on the charged offenses occur only after the

defendant has turned eighteen, or because the 2014 complaint is in reality a continuation of the 2011 complaints on which apprehension occurred before his eighteenth birthday. For the reasons that follow, neither contention is correct, and we conclude that the Juvenile Court has jurisdiction over the 2014 complaint.

“[A] statute must be interpreted according to the intent of the Legislature ascertained from all its words construed by the ordinary and approved usage of the language, considered in connection with the cause of its enactment, the mischief or imperfection to be remedied and the main object to be accomplished, to the end that the purpose of its framers may be effectuated.” Commonwealth v. Clark, 472 Mass. 120, 129, 34 N.E.3d 1 (2015)

, quoting Hanlon v....