State v. Culton

• Citation: 273 N.W.2d 200
• Decision Date: 05 January 1979
• Docket Number: No. 12351,12351
• Parties: STATE of South Dakota, Plaintiff and Respondent, v. Jeffrey Glenn CULTON, Defendant and Appellant.
• Court: Supreme Court of South Dakota

Page 200

273 N.W.2d 200

STATE of South Dakota, Plaintiff and Respondent, v. Jeffrey Glenn CULTON, Defendant and Appellant.

No. 12351.

Supreme Court of South Dakota.

Submitted on Briefs.

Decided Jan. 5, 1979.

Kevin F. Manson, Asst. Atty. Gen., Pierre, for plaintiff and respondent; William J. Janklow, Atty. Gen., Pierre, on the brief.

Mary Jane Cleary, Pennington County Public Defender's Office, Rapid City, for defendant and appellant.

CHRISTENSEN, Circuit Judge.

This is an appeal from a judgment of the Seventh Judicial Circuit Court "filed . . . on the 4th day of October, 1977, and from the whole of the record in said action." We affirm.

Appellant, Jeffrey Glenn Culton, a minor, was charged on March 23, 1977, in a petition alleging two counts: Count 1, assault with intent to commit a felony-rape; and Count 2, rape. He was advised of his constitutional and statutory rights in juvenile court on March 24, 1977. The state filed a motion to transfer appellant to the adult side of the court. Counsel for appellant, who appeared at the initial hearing in juvenile court, withdrew on March 28, 1977, and the court appointed present counsel from the Public Defender's Office. Thereafter, various motions for production; discovery and inspection; physical and psychiatric evaluation; and lineup were granted by the court. Appellant was represented by counsel throughout the proceedings.

A transfer hearing was held on May 11, 12, and 13, 1977, at which time the state called nine witnesses and appellant called two witnesses. Findings of fact and conclusions of law and the certification of transfer to the adult criminal court were thereafter entered. On arraignment in adult court, appellant demurred to the information, which demurrer was overruled by the court. On September 14, 1977, appellant withdrew his plea of not guilty and entered a plea of guilty. The court determined that the plea was knowingly and voluntarily made and that a factual basis existed for the plea. A presentence investigation was waived but appellant requested a mitigation hearing, which was granted. On October 3, 1977, appellant was sentenced.

Appellant alleges that the trial court's decision to transfer was against the best interest of appellant and was not based upon substantial evidence. In support of this allegation, appellant states that the trial court erred in preeminently emphasizing the nature of the offense and the fact that it could not retain jurisdiction of appellant until age twenty one. Appellant further claims that the trial court did not give adequate consideration to the testimony of Dr. Burnap concerning the level of appellant's maturity, home life, school activities, emotional attitude, pattern of living, and proper treatment needed for rehabilitation.

People in Interest of L. V. A., S.D., 248 N.W.2d 864 (1976) and People in Interest of D.M.L., S.D., 254 N.W.2d 457 (1977) set forth the two basic areas of consideration in transferring a juvenile to adult court: the circumstances of the crime and the amenability of the juvenile to treatment. No claim is raised by appellant that he was not afforded substantive or procedural due process. SDCL 26-11-4 was amended by the legislature in 1977 to include specifically enumerated factors which the court should consider in a transfer hearing. These specifications became law after the transfer hearing in question here; therefore, the considerations to be followed are those set forth in L. V. A., supra.

Appellant argues that the trial court placed too much emphasis on the seriousness of the offense charged. The court, in L. V. A., supra, stated that "(a)lthough the seriousness of the offense alone does not warrant transfer, when considered with the other criteria, it may become the deciding factor in making a transfer." 248 N.W.2d at 869. It does appear from the record that the juvenile court did consider the seriousness of the alleged offense in deciding to transfer. The record, however, does not suggest that this was the only factor which the court considered. The court considered also the premeditation, plan or scheme by which the offense was committed; the manner in which the offense was committed; and the subject of the alleged offense.

The finding that appellant is not amenable to the rehabilitative treatment available within the juvenile system is supported by substantial evidence. Appellant's previous history indicates that the attempts at rehabilitation have done little, if anything, toward the rehabilitation of appellant. Appellant's record contains numerous convictions, including some very serious crimes.

At the time of the alleged offense, appellant was nearly seventeen years of age. The trial court stated in its findings that the jurisdiction of the juvenile court would terminate "before 21." Immediately following this statement, however, the court stated that there was potential that this appellant would require detention "beyond the age of 21." Appellant contends that by this statement, the juvenile court based its findings on the erroneous assumption that the court would retain jurisdiction over appellant for only one more year, that is, until he reached the age of eighteen. Keeping the entire statement in mind, however, it is clear that the trial court knew that it could retain jurisdiction over appellant for purposes of detention until he reached the age of twenty one but was of the opinion that there was a possibility that more than four years within the juvenile system would be required. Furthermore, appellant's record in the juvenile rehabilitation system indicated that the services available there had been a dismal failure. The record further indicates that the facilities...