State v. Byrd, Nos. 15244

CourtSupreme Court of South Dakota
Writing for the CourtWUEST; HENDERSON; MILLER; HENDERSON
Citation398 N.W.2d 747
Decision Date30 December 1986
Docket NumberNos. 15244
PartiesSTATE of South Dakota, Plaintiff and Appellee, v. Ricky L. BYRD, Defendant and Appellant. to 15245.

Page 747

398 N.W.2d 747
STATE of South Dakota, Plaintiff and Appellee,
v.
Ricky L. BYRD, Defendant and Appellant.
Nos. 15244 to 15245.
Supreme Court of South Dakota.
Dec. 30, 1986.

Craig M. Eichstadt, Asst. Atty. Gen., Pierre, for plaintiff and appellee; Mark V. Meierhenry, Atty. Gen., Pierre, on brief.

Steve Miller of Cummings Legal Clinic, P.C., Sioux Falls, for defendant and appellant.

WUEST, Chief Justice.

Appellant appeals two criminal convictions based on a claim the circuit court lacked jurisdiction over him to hear either case. We affirm.

On June 24, 1985, appellant Ricky L. Byrd (appellant) and two others stole a car in Sioux Falls and drove it to Rock Rapids, Iowa, where they vandalized and abandoned the car. Appellant was charged with grand theft which was later amended to the misdemeanor offense of unauthorized use of a motor vehicle. Following his initial court appearance on the theft charges, the court reduced the pre-trial detention restrictions and authorized work release from the county jail. Defendant did not return to jail as ordered. A week later, he turned himself in to the authorities in Decatur, Georgia. He was charged with escape and later convicted on both counts and sentenced to time served in the county jail on the misdemeanor charge and five years at the South Dakota Penitentiary on the escape charge. At the time of committing both offenses the appellant was over 18 years of age but was under probationary supervision as a juvenile under the provisions of SDCL 26-8-1(3) which, for the purposes of ch. 26-8, provides that a "child" is "a person less than eighteen years of age, and any person under twenty-one years of age under the continuing jurisdiction of the court, or who is before the court for an alleged delinquent act committed prior to his eighteenth birthday." (Emphasis supplied.)

Appellant does not challenge guilt of either offense. Rather, he contends he was under the continuing jurisdiction of juvenile court as a "child" pursuant to SDCL 26-8-1(3), and therefore he was not subject to the ordinary criminal jurisdiction of the circuit court as an adult for crimes he committed after age eighteen since there was no transfer hearing as required by SDCL 26-11-4, which provides: "The circuit court may, in its discretion, in any case of a delinquent child, after transfer hearing, permit such child to be proceeded against in accordance with the laws that may be in force in this State governing the commission of crimes, petty offenses or violation of municipal ordinances." SDCL 26-11-4.

The State does not dispute that appellant was under the continuing jurisdiction of the juvenile section of the circuit court at the time both offenses took place. However, State argues that defendant's view is erroneous. State also argues that defendant raised the issue before the trial court under the theft charge but neglected to do so under the escape charge and therefore did not preserve the issue for appeal. Although not raised by either party on appeal or at the trial level, this court may address jurisdiction sua sponte. In the Matter of the Grievance of Lehr v. Department of Labor, 391 N.W.2d 205 (S.D.1986); State v. Waldner, 381 N.W.2d 273, 275 (S.D.1986).

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10 practice notes
  • State v. Hanson, No. 20374
    • United States
    • Supreme Court of South Dakota
    • 20 Enero 1999
    ...to the determination of the circuit court.' " Zachodni, 466 N.W.2d at 630 (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D.1986)). See also Hartpence v. Youth Forestry Camp, 325 N.W.2d 292, 296 (S.D.1982). We find that there was probable cause to test in this......
  • State v. Buchholz, No. 20706
    • United States
    • Supreme Court of South Dakota
    • 26 Abril 1999
    ...of the circuit court.' " State v. Zachodni, 466 N.W.2d 624, 630 (S.D.1991) (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D.1986)). Buchholz was arrested for possession of controlled substances (SDCL 22-42-5). The arresting officer observed nothing which indi......
  • State v. Buchholz, No. 20706.
    • United States
    • Supreme Court of South Dakota
    • 11 Agosto 1999
    ...of the circuit court.' " State v. Zachodni, 466 N.W.2d 624, 630 (S.D.1991) (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D. 1986)). Buchholz was arrested for possession of controlled substances (SDCL 22-42-5). The arresting officer observed nothing which ind......
  • State v. Bradley, No. 15813
    • United States
    • Supreme Court of South Dakota
    • 9 Noviembre 1988
    ...some manner knowingly and with criminal intent participate, associate, or concur with another in the commission of a crime." Lingwall, 398 N.W.2d at 747; State v. Runge, 89 S.D. 376, 384, 233 N.W.2d 321, 326 (1975); Johnson, 81 S.D. at 606, 139 N.W.2d at As in Woods, the evidence does not i......
  • Request a trial to view additional results
10 cases
  • State v. Hanson, No. 20374
    • United States
    • Supreme Court of South Dakota
    • 20 Enero 1999
    ...to the determination of the circuit court.' " Zachodni, 466 N.W.2d at 630 (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D.1986)). See also Hartpence v. Youth Forestry Camp, 325 N.W.2d 292, 296 (S.D.1982). We find that there was probable cause to test in this......
  • State v. Buchholz, No. 20706
    • United States
    • Supreme Court of South Dakota
    • 26 Abril 1999
    ...of the circuit court.' " State v. Zachodni, 466 N.W.2d 624, 630 (S.D.1991) (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D.1986)). Buchholz was arrested for possession of controlled substances (SDCL 22-42-5). The arresting officer observed nothing which indi......
  • State v. Buchholz, No. 20706.
    • United States
    • Supreme Court of South Dakota
    • 11 Agosto 1999
    ...of the circuit court.' " State v. Zachodni, 466 N.W.2d 624, 630 (S.D.1991) (second alteration in original) (quoting State v. Byrd, 398 N.W.2d 747, 749 (S.D. 1986)). Buchholz was arrested for possession of controlled substances (SDCL 22-42-5). The arresting officer observed nothing which ind......
  • State v. Bradley, No. 15813
    • United States
    • Supreme Court of South Dakota
    • 9 Noviembre 1988
    ...some manner knowingly and with criminal intent participate, associate, or concur with another in the commission of a crime." Lingwall, 398 N.W.2d at 747; State v. Runge, 89 S.D. 376, 384, 233 N.W.2d 321, 326 (1975); Johnson, 81 S.D. at 606, 139 N.W.2d at As in Woods, the evidence does not i......
  • Request a trial to view additional results

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