S.F.R. v. State, S.F.R
Decision Date | 11 October 1991 |
Docket Number | S.F.R |
Citation | 598 So.2d 1003 |
Parties | v. STATE. CR 90-685. |
Court | Alabama Court of Criminal Appeals |
M. Joanne Camp, Opelika, for appellant.
James H. Evans, Atty. Gen., and Cecil G. Brendle, Jr., Asst. Atty. Gen., for appellee.
This is an appeal from an adjudication of delinquency in the Lee County Juvenile Court.
On November 29, 1990, S.F.R. was charged as being delinquent for an assault in the first degree. A hearing was held on January 17, 1991, and S.F.R. was adjudicated a delinquent. On January 18, after a hearing, the trial judge found S.F.R. to be a "serious juvenile offender," and sentenced him to the custody of the Department of Youth Services. A motion for new trial on February 17 and an extraordinary motion for new trial on March 6 were denied on March 11.
In finding S.F.R. to be a serious juvenile offender, 1 the trial judge stated in the record:
S.F.R. presents the following issues for review: 1) whether the evidence was sufficient to uphold an adjudication of delinquency where S.F.R. was charged in the petition with first degree assault under § 13A-6-20, Code of Alabama 1975; 2) whether S.F.R. was properly adjudicated a serious juvenile offender; 3) whether S.F.R. was denied credit for time served; and 4) whether S.F.R.'s extraordinary motion for new trial was properly denied by the trial court.
As to the first issue, § 13A-6-20, Code of Alabama 1975, defines assault in the first degree as follows:
A serious physical injury is defined as one which creates a substantial risk of death or which causes serious and protracted disfigurement. § 13A-1-2(9), Code of Alabama 1975. A deadly weapon is defined as a firearm or anything manifestly designed, made or adapted for the purpose of inflicting death or serious physical injury. § 13A-1-2(11), Code of Alabama.
Applying these statutory definitions to the facts of the case and the findings of the trial court, we hold that there was no error by the trial court when S.F.R. was adjudicated a delinquent.
The findings of the trial court set out above clearly and succinctly state that S.F.R. was correctly determined to be a "serious juvenile offender" under Title 12-15-71.1, Code of Alabama. We hold that no error was committed by the trial court in so determining.
The trial court sentenced S.F.R. to the custody of the Department of Youth Services as a serious juvenile offender. He contends on appeal, although he did not raise the issue below, that he should be given credit for all time spent in detention pending adjudication of the charges against him. He cites § 15-18-5, Code of Alabama 1975. He argues that this section should be applicable to him--not that it is applicable to him. Section 15-18-5 has been held to mandate a remand to the trial court to determine "credit time" even though the issue was not raised in the trial court. Blake v. State, 462 So.2d 949 (Ala.1984).
It is our opinion that § 15-18-5 has no application in this...
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