Phares v. State

• Decision Date: 23 September 2003
• Docket Number: No. 73A01-0302-CR-063.,73A01-0302-CR-063.
• Citation: 796 N.E.2d 305
• Parties: Matthew J. PHARES, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.
• Court: Indiana Appellate Court

796 N.E.2d 305

Matthew J. PHARES, Appellant-Defendant, v. STATE of Indiana, Appellee-Plaintiff.

No. 73A01-0302-CR-063.

Court of Appeals of Indiana.

September 23, 2003.

James R. Lisher, Shelbyville, IN, Attorney for Appellant.

Steve Carter, Attorney General of Indiana, Nandita G. Shepherd, Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

OPINION

BAKER, Judge.

Appellant-defendant Matthew J. Phares appeals his conviction for Battery,¹ a class A misdemeanor. Specifically, Phares contends that the conviction may not stand because the juvenile court should have exercised jurisdiction in this case, he was prejudiced due to the trial court's delay in entering judgment and imposing the sentence and he received the ineffective assistance of counsel. Concluding that Phares was properly tried in adult court, that he was not prejudiced by the trial court's delay in entering a judgment of conviction and imposing sentence and that he failed to demonstrate prejudice by his trial counsel's failure to have the case withdrawn from the trial court, we affirm.

FACTS

On March 20, 2001, the State filed an information charging seventeen-year-old Phares with battery. Phares, who was incarcerated at the Shelby County Jail on an unrelated charge, allegedly struck a fellow inmate. The next day, Phares appeared for his initial hearing and the trial court noted that it had jurisdiction over the case because Phares had previously been waived to adult court on another charge. A public defender was appointed to represent Phares, and no objection was made regarding the trial court's exercise of jurisdiction.

A bench trial commenced on September 7, 2001, and the trial court heard additional evidence on October 12. At the conclusion of the trial, the judge took the matter under advisement, and a finding of guilty was ultimately pronounced nearly one year later on August 7, 2002. That same day, Phares was sentenced to thirty days in jail, and that term was ordered to run consecutive to the sentence he was serving on the unrelated charge. He now appeals.

DISCUSSION AND DECISION

I. Jurisdiction

Phares first contends that his conviction for battery may not stand because the trial court lacked both personal and subject matter jurisdiction over this case. Specifically, Phares argues that because he was only seventeen years old at the time of the offense, the battery case should have been heard in juvenile court.

In resolving this issue, we note that when jurisdictional facts are not in dispute, the question of whether a lower court had jurisdiction is reviewed de novo. Fuller v. State, 752 N.E.2d 235, 236 (Ind. Ct.App.2001). That is, no deference is afforded the trial court's conclusion because appellate courts independently, and without the slightest deference to the trial court's determinations, evaluate those issues they deem to be questions of law. Id. Additionally, our juvenile courts are courts of limited jurisdiction and have subject matter jurisdiction only over those classes of cases that are authorized by statute. Specifically, the jurisdiction of a juvenile court must be invoked properly by establishing the statutory jurisdictional prerequisites. Matter of Lemond, 274 Ind. 505, 413 N.E.2d 228, 246 (1980).

Although Phares argues that the trial court's previous waiver to adult court is insufficient for that court to assert jurisdiction in this case, our review of the relevant statutory provisions, Indiana Code sections 31-30-3-1 and 31-30-3-2, reveals that every provision governing juvenile court jurisdiction refers to the court's jurisdiction over a "child" under specified circumstances. Similarly, the waiver provisions set forth in Indiana Code section 31-30-3 require the juvenile court to consider the specified circumstances regarding the "child" and whether the "child" should remain within the juvenile system. Thus, it is apparent to us that the waiver by the juvenile court is over the defendant and not merely the offenses that were alleged in the motion for waiver.

That said, we recognize that a divided panel of this court recently determined that a trial court does not acquire jurisdiction over every allegation pending against a juvenile after a waiver to adult court. Griffith v. State, 791 N.E.2d 235, 240-241 (Ind.Ct.App.2003) (holding that while the juvenile court originally waived jurisdiction of all six charges lodged against the defendant, only three of the alleged acts committed by the defendant were eligible to be waived to the trial court) (Baker, J. dissenting). We expressly disapprove of the reasoning espoused by the majority in Griffith and note that the purpose of our juvenile courts is to provide for the rehabilitation of youthful offenders within the juvenile justice system. Ind.Code § 31-10-2-1(5). More specifically, it is our view that when a child has been waived from a juvenile court's jurisdiction based on the court's determination that the child is beyond rehabilitation within that system, the rehabilitative purpose of the juvenile courts is not furthered by requiring a juvenile court to consider repetitive motions to waive the child for subsequent offenses or to continue to hear cases within the juvenile justice system. Quite simply, the contrary view results in a cookie cutter approach and invites piecemeal prosecution that disregards the juvenile court's superior position to evaluate the specific circumstances of the case. See id. at 242 (Baker, J. dissenting). Moreover, taxpayer dollars are wasted and further strain is placed upon our judicial resources. See id. at 243.

In this case, because the juvenile court had previously waived jurisdiction over Phares, we conclude that the trial court had properly exercised jurisdiction to try Phares on the battery charge. Thus, there was no error with respect to this issue.

II. Delay in Entry of Judgment and Sentence

Phares next contends that his battery conviction must be reversed as "the trial court lost jurisdiction" to enter a judgment of conviction and impose sentence because of the lengthy delay between the trial, judgment and the sentencing. Specifically, Phares argues that such a lengthy delay deprived him of "the rights to effectively appeal his conviction," and that the delay violated his right to a speedy trial. Appellant's Br. p. 10, 12.

We first note that in accordance with Indiana Trial Rule 53.2, a trial court is permitted to take a matter under advisement for ninety days before issuing a final ruling. See Williams v. State, 716 N.E.2d 897, 900 (Ind.1999)

. If the matter has not been ruled upon, a party may file a request for a ruling or "lazy judge motion" pursuant to T.R. 53.2. See id. at 899-900. Thereafter, if the judge fails to provide a ruling by the end of the ninety-day time limit, the proper remedy is for the complaining party to seek a writ of mandate from our supreme court to compel the clerk to provide notice and disqualify the judge. Id. If the party fails to follow this procedure and permits the case to proceed to a final judgment, the party is estopped from complaining that the original trial judge maintained jurisdiction over the case. Id.

Here, there is nothing in the record indicating that Phares filed a "lazy judge" motion requesting the trial court to enter judgment or impose sentence. Similarly, he never sought a writ of mandate to have the trial judge disqualified after the ninety-day time limit had passed. Rather, Phares waited until this appeal—after an adverse ruling had been entered against him—before complaining of the delay. As a result, he is estopped from claiming that the original trial judge maintained jurisdiction over the case. See id.

We also reject Phares's second contention that the trial court's delay violated his right to a speedy trial. The record reflects that Phares was brought to trial within one year after the charge had been...