State v. Larios

Decision Date25 April 1994
Docket NumberNo. 20338,20338
Citation874 P.2d 538,125 Idaho 727
PartiesSTATE of Idaho, Plaintiff-Respondent, v. Abel LARIOS, Defendant-Appellant. Twin Falls, Nov. 1993 Term
CourtIdaho Supreme Court

Raymundo G. Pena, Rupert, for defendant-appellant.

Larry EchoHawk, Atty. Gen., Douglas A. Werth (argued), Deputy Atty. Gen., Boise, for plaintiff-respondent.

McDEVITT, Chief Justice.

In this case, we are presented with the issue whether a minor who pleads guilty to a criminal offense which is not enumerated under the automatic waiver provisions of the Youth Rehabilitation Act (YRA) may nevertheless be sentenced as an adult. We conclude that such sentencing is permitted, so long as the hearing required by the YRA in I.C. § 16-1806(8) is held and the court makes the appropriate findings. Because such hearing was not held in this case, we affirm the minor's conviction of voluntary manslaughter, but vacate the sentence and remand for further procedures in accordance with this opinion and the Youth Rehabilitation Act.

Appellant Abel Larios ("Larios"), a seventeen year old, was charged with murder in the second degree pursuant to I.C. § 18-4001, § 18-4002 and § 18-4003, and the enhanced firearm penalty pursuant to I.C. § 19-2520. Larios, although seventeen years old, was charged as an adult pursuant to I.C. § 16-1806A of the YRA. On August 13, 1992, Larios entered into a plea bargain agreement whereby he agreed to admit to the firearm enhanced penalty charge and to plead guilty to voluntary manslaughter. On October 15, 1992, Larios was sentenced as an adult to a determinate period of eight years and an indeterminate period of an additional eight years.

Larios asserts on appeal that he should have been sentenced as a juvenile because voluntary manslaughter is not one of the enumerated violent crimes in I.C. § 16-1806A which allows juveniles to be charged and tried as adults.

ANALYSIS

As this appeal involves solely a question of law, our standard of review is one of independent, or free review. In re Hanson, 121 Idaho 507, 509, 826 P.2d 468, 470 (1992); Clements Farms, Inc. v. Ben Fish & Son, 120 Idaho 185, 188, 814 P.2d 917, 920 (1991).

Larios argues that he should not have been sentenced as an adult, but rather should have been sentenced as a juvenile under the provisions of the YRA. I.C. § 16-1806A provides that if a minor is alleged to have committed certain enumerated violent crimes, juvenile jurisdiction under the YRA is automatically waived:

16-1806A. Violent offenses, controlled substances violations near schools and offenders.--(1) Any person, age fourteen (14) years to age eighteen (18) years, who is alleged to have committed any of the following crimes:

(a) Murder of any degree or attempted murder;

(b) Robbery;

(c) Rape, but excluding statutory rape;

(d) Forcible sexual penetration by the use of a foreign object;

(e) Infamous crimes against nature, committed by force or violence;

(f) Mayhem;

(g) Assault or battery with the intent to commit any of the above serious felonies;....

shall be charged, arrested and proceeded against by complaint, indictment or information as an adult. All other felonies or misdemeanors charged in the complaint, indictment or information, which are based on the same act or transaction or on one or more acts or transactions as the violent or controlled substances offense shall similarly be charged, arrested and proceeded against as an adult....

(2) Once a juvenile has been charged or indicted pursuant to this section or has been transferred for criminal prosecution pursuant to a waiver hearing, or information and has been found to have committed the offense for which he or she was charged, indicted or transferred, the juvenile shall thereafter be handled in every respect as if he or she were an adult for any subsequent violation of Idaho law.

(3) The sentencing judge of any person convicted pursuant to this section may choose to sentence the convicted person in accordance with the juvenile sentencing options set forth in this act, if a finding is made that adult sentencing measures would be inappropriate.

Larios argues that while it was proper for the state to proceed against him as an adult when he was originally charged with second degree murder, as this is an enumerated violent crime in I.C. § 16-1806A, it was not proper to proceed against him as an adult after he pled guilty to voluntary manslaughter pursuant to a plea bargain agreement, as this crime is not listed in the automatic waiver provision. 1

The question presented is whether Larios should have been sentenced as an adult or a minor. Pursuant to the YRA, we are governed by Larios' age at the time the offense or act was committed. State v. Anderson, 108 Idaho 454, 457, 700 P.2d 76, 79 (Ct.App.1985). Larios was seventeen years old on June 8, 1992, the date on which the act was committed and was a minor for purposes of the YRA. Under I.C. § 16-1806A, however, if the minor is between the ages of fourteen and eighteen, and is alleged to have committed a certain enumerated violent crime, then juvenile jurisdiction is automatically waived. Thus, when Larios was originally charged with second degree murder, he was properly treated as an adult by the state and by the district court under I.C. § 16-1806A(1)(a). However, when the state entered into a plea bargain with Larios whereby he pled guilty to voluntary manslaughter, and this plea was accepted by the district court, Larios was once again under the jurisdiction of the YRA because voluntary manslaughter is not one of the enumerated violent crimes in I.C. § 16-1806A(1).

This does not mean that Larios may not ultimately be sentenced as an adult, but rather that certain additional procedures must be followed by the district court which are lacking here. 2 In order to proceed against Larios as an adult by waiving the jurisdiction of the YRA under the circumstances of this case, the procedures found in I.C. § 16-1806 and § 16-1807 should have been followed. I.C. § 16-1806 provides that upon the filing of a motion, and after a full investigation and hearing, the court may waive jurisdiction under the YRA and order that the minor be proceeded against as an adult. I.C. § 16-1806 provides, in pertinent part:

16-1806. Waiver of jurisdiction and transfer to other courts.--(1) After the filing of a petition and after full investigation and hearing, the court may waive jurisdiction under the youth rehabilitation act over the child and order that the child be held for adult criminal proceedings when:

(a) A child is alleged to have committed an act after he or she became fourteen (14) years of age which would be a crime if committed by an adult;....

A motion to waive jurisdiction under the YRA may be brought by either the prosecuting attorney, the minor, or by the court sua sponte. The district court must then consider certain factors in determining whether to waive juvenile jurisdiction over the child:

(8) In considering whether or not to waive juvenile court jurisdiction over the child, the juvenile court shall consider the following factors:

(a) The seriousness of the offense and whether the protection of the community requires isolation of the child beyond that afforded by juvenile facilities (b) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;

(c) Whether the alleged offense was against persons or property, greater weight being given to offenses against persons;

(d) The maturity of the child as determined by considerations of his home, environment, emotional attitude, and pattern of living;

(e) The child's record and previous history of contacts with the juvenile justice system;

(f) The likelihood of rehabilitation of the child by use of facilities available to the court;

(g) The amount of weight to be given to each of the factors listed in subsection (8) of this...

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