R. G. M., Matter of, O-77-327
| Decision Date | 28 February 1978 |
| Docket Number | No. O-77-327,O-77-327 |
| Citation | 575 P.2d 645 |
| Parties | In the Matter of R. G. M., a child under the age of 18 years. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
R.G.M., a juvenile under the age of eighteen, appeared before the Juvenile Division of the District Court, Tulsa County, in an initial arraignment on the charge of Unlawful Delivery or Distribution of Marijuana. The court denied the State's request for a certification hearing and proceeded to adjudication. The State is appealing from the court's denial. We are reviewing this case on a Reserved Question of Law.
At the initial arraignment the State requested that a certification hearing be set. The court inquired as to the basis for the State's request, whereupon the State replied the age of the juvenile, the seriousness of the offense, and the fact that the juvenile had previously pled guilty to a drug offense in another county. Additionally, the State asserted that there was a lack of treatment and probationary resources available to the court. Although the above reasons were offered by the State, no evidence was heard in regard to them. Rather, the court, in response to the State's request, summarily denied the hearing. In support of the denial the court stated that it had no reason to believe that the resources that would ordinarily be available for all juveniles would not be available for the present juvenile at bar. Additionally, the court observed that no certification hearing was requested for juveniles charged with similar offenses occurring at approximately the same time and involving the same purchaser and location. Lastly, the court pointed out that the age of the juvenile was not a sufficient criterion in and of itself for certification.
The court then proceeded with the hearing and accepted the juvenile's admission of the charge and set a future date for a dispositional hearing. At the dispositional hearing, the court adjudged the juvenile as a delinquent child and placed him on official probationary status.
The first question that this appeal presents is whether the State may appeal from the Judge's order denying the State's request for an evidentiary hearing on the question of certification.
The State may appeal from such an order. Title 10 O.S.Supp.1976, § 1123(A) states:
"Any interested party aggrieved by any order or decree may appeal to the Supreme Court in the same manner as other appeals are taken to the Supreme Court of this state; provided, however, that appeals taken from a trial court's decision in a proceeding for an adjudication of juvenile delinquency or in a proceeding certifying a juvenile to stand trial as an adult or denying such certification shall be taken to the Court of Criminal Appeals in the same manner as other appeals of this state, . . ." (Emphasis Added.) 1
We accept the contention that the State is "an interested party aggrieved" by the order of the Judge in the above described proceedings.
The ". . . same manner as other appeals are taken . . ." refers to the provisions of 22 O.S.1971, § 1053. Subsection 3 of that Statute provides that the State may appeal to this Court on a Reserved Question of Law. Such an appeal by the State may only be taken from an acquittal of the defendant or from an order of the court authorized by law which expressly bars further prosecution. State v. Robinson, Okl.Cr., 544 P.2d 545 (1975). This Court has previously held that jeopardy attaches to the proceeding of a Juvenile Court where there is an order of adjudication by the Judge determining delinquency. Garrison v. Jennings, Okl.Cr., 529 P.2d 536 (1974). Thus, we recognize the State's right to appeal on a Reserved Question of Law in this case. The State contends that the Juvenile Court erred in denying the State's request for a certification hearing. Since there has been an adjudicatory and dispositional hearing we cannot direct a certification hearing on remand. See Garrison, supra. It is clear that our opinion today can only operate...
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State v. Hammond, S-87-994
...of law, there must be a judgment of acquittal or an order of the court which expressly bars further prosecution. Matter of R.G.M., 575 P.2d 645, 646 (Okla.Crim.App.1978). In the instant case, there was not a judgment of acquittal. Neither did the trial court's order sustaining the defendant......
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v. W.B., Matter of
...either overruled or confirmed by the district court. The referee serves as an arm of the juvenile court. We held in In the Matter of R.G.M., 575 P.2d 645 (Okl.Cr.1978), that 22 O.S.1971, § 1053 also governs prosecutorial appeals to this Court in juvenile cases. This statute is identical to ......