State v. TAI N.

• Decision Date: 31 May 2005
• Docket Number: No. 54595-7-I.,54595-7-I.
• Citation: 113 P.3d 19,127 Wash. App. 733,127 Wn. App. 733
• Parties: STATE of Washington, Respondent, v. TAI N., Date of Birth: 09/21/86, Appellant.
• Court: Washington Court of Appeals

113 P.3d 19

127 Wn. App. 733

127 Wash. App. 733

STATE of Washington, Respondent, v. TAI N., Date of Birth: 09/21/86, Appellant.

No. 54595-7-I.

Court of Appeals of Washington, Division 1.

May 31, 2005.

Gregory Charles Link, Attorney at Law, Seattle, WA, for Appellant.

Thomas Lawrence Verge, Whatcom County Prosecutor's Office, Bellingham, WA, for Respondent.

PUBLISHED IN PART

BECKER, J.

¶ 1 Appellant Tai N., arrested near the Canadian border while carrying 108 pounds of marijuana in his car, was found guilty of possession with intent to deliver. The primary issue is whether recent decisions by the United States Supreme Court imply a right to jury trial for juvenile offenses. We conclude they do not. Nor do they require alteration in the burden of proof governing manifest injustice dispositions. Washington's juvenile justice code already requires the factual predicate for a manifest injustice disposition to be proved by clear and convincing evidence, a standard that in juvenile sentencing is equivalent to beyond a reasonable doubt.

¶ 2 The juvenile court in this case imposed a manifest injustice disposition based on the large amount of marijuana and also to discourage drug dealers from hiring juveniles as "mules." Because the stated reasons do not clearly and convincingly prove that the standard range sentence for this juvenile offender presents a serious and clear danger to society, we reverse the manifest injustice disposition.

FACTS

¶ 3 Henry Qualey, a federal border patrol agent, saw 17-year-old Tai N. park a car just south of the Canadian border in Blaine very late on December 24, 2003. When Tai drove off, Agent Qualey followed. He stopped Tai's car a short time later on Interstate 5. Upon searching the car, officers discovered three large hockey bags containing 76 vacuum sealed pouches of marijuana, a total of 108 pounds.

¶ 4 The State charged Tai in juvenile court with one count of possession of marijuana with intent to deliver. A court commissioner denied Tai's motion to suppress the marijuana. Based on stipulated evidence, the commissioner then found Tai guilty as charged.

¶ 5 The standard range sentence for Tai, who had no prior criminal history, was 0-30 days. The commissioner found that the offense was a major violation of the Uniform Controlled Substances Act because it involved a quantity substantially larger than for personal use. The commissioner also found that the standard range disposition would pose a danger to society because it was too short to discourage drug dealers from hiring juveniles as "mules" to carry illegal drugs. Based on these findings, the commissioner imposed a manifest injustice disposition of 20-24 weeks. The superior court adopted the commissioner's findings and reasons and denied Tai's motions to revise.

TRIAL BY JURY

¶ 6 Tai first contends that under the Sixth Amendment and the Washington Constitution, all juveniles charged with an offense are entitled to trial by jury. Courts have repeatedly rejected this contention in a long line of cases, but Tai argues that such cases have been undermined by Blakely v. Washington, 542 U.S. 296, 124 S.Ct. 2531, 159 L.Ed.2d 403 (2004), Apprendi v. New Jersey, 530 U.S. 466, 120 S.Ct. 2348, 147 L.Ed.2d 435 (2000), and Crawford v. Washington, 541 U.S. 36, 124 S.Ct. 1354, 158 L.Ed.2d 177 (2004).

¶ 7 Blakely, Apprendi and Crawford do not discuss the subject of jury trials for juveniles. But in each of these cases, the Supreme Court examined in great detail the historical foundation of the constitutional provision at issue in order to determine its meaning. Tai contends a similar analysis establishes that the Sixth Amendment does not distinguish between adults and juveniles for purposes of the right to a jury trial.

¶ 8 Juvenile adjudicatory proceedings have never been equated with a "criminal prosecution" for purposes of the Sixth Amendment. McKeiver v. Pennsylvania, 403 U.S. 528, 541, 91 S.Ct. 1976, 29 L.Ed.2d 647 (1971). In McKeiver, a plurality of the Supreme Court considered and rejected an argument that the Due Process Clause requires jury trials for juveniles. As the Supreme Court later observed,

the Constitution does not mandate elimination of all differences in the treatment of juveniles.... We have tried, therefore, to strike a balance—to respect the "informality" and "flexibility" that characterize juvenile proceedings, ... and yet to ensure that such proceedings comport with the "fundamental fairness" demanded by the Due Process Clause.

Schall v. Martin, 467 U.S. 253, 263, 104 S.Ct. 2403, 81 L.Ed.2d 207 (1984).

¶ 9 Washington courts have also consistently held that juvenile offenders do not have a right to jury trials under the Washington Constitution. See, e.g., State v. Schaaf, 109 Wash.2d 1, 743 P.2d 240 (1987)

; see also Monroe v. Soliz, 132 Wash.2d 414, 939 P.2d 205 (1997); State v. Lawley, 91 Wash.2d 654, 591 P.2d 772 (1979). This court recently reaffirmed that holding in State v. J.H., 96 Wash.App. 167, 978 P.2d 1121 (1999). Notwithstanding the adoption in 1997 of amendments to the juvenile justice code that tended to make it more punitive, we recognized the "unique rehabilitative nature of juvenile proceedings" as a continuing rationale for having judges, not juries, decide cases involving juvenile offenders. We concluded that "the juvenile justice provisions as amended still retain significant differences from the adult criminal justice system and still afford juveniles special protections not offered to adults". State v. J.H., 96 Wash. App. at 186-87, 978 P.2d 1121.

¶ 10 Our recent decision in State v. Diaz-Cardona, 123 Wash.App. 477, 98 P.3d 136 (2004), should not be interpreted as an indication that we are ready to reassess that issue. The question there was whether a juvenile sex offender has a Fifth Amendment right to refuse to participate in an evaluation ordered by the court for the purpose of selecting an appropriate disposition. The State argued that the difference between the rehabilitative goals of the juvenile system, as compared to the punitive goals of the adult system, would justify holding that a juvenile's right against self-incrimination does not extend to dispositional proceedings. We said that "in recent years, this argument has lost traction" because it is now well-recognized that juvenile courts function to punish as well to rehabilitate. Diaz-Cardona, 123 Wash.App. at 485, 98 P.3d 136.

¶ 11 In using the phrase "recent years," we were not referring to the five years that had passed since we decided J.H. We were referring to the original purposes of our juvenile code, as stated in the 1977 act that created it, as well as to the punishment-oriented amendments adopted in 1997. Having considered these same punitive aspects of juvenile justice in State v. J.H., we nonetheless concluded that "even after the 1997 amendments to the juvenile justice provisions, the state constitution still does not guarantee to juveniles the right to trial by jury." J.H., 96 Wash. App. at 185, 978 P.2d 1121.

¶ 12 In short, recent decisions do not compel a change to well-established precedent holding that non-jury trials of juvenile offenders are constitutionally sound.

BURDEN OF PROOF

¶ 13 Tai next contends that even if Apprendi and Blakely do not require jury trials for juvenile offenders, they do compel a change to the burden of proof used by a judge when sentencing a juvenile to a term beyond the standard range. Apprendi and Blakely involved the application to certain adult criminal sentencing procedures of the Sixth Amendment jury trial right and the Fourteenth Amendment due process guarantee of proof beyond a reasonable doubt. In this context, the United States Constitution requires that any fact that increases the penalty for a crime beyond that authorized by the verdict alone, other than the fact of a prior conviction, be submitted to a jury and proved beyond a reasonable doubt. Apprendi, 530 U.S. at 490,120 S.Ct. 2348.

¶ 14 In Blakely, the court held that the exceptional sentence provisions of Washington's adult sentencing statute violated these principles by allowing a judge (not a jury) to find—by a mere preponderance of the evidence—aggravating factors that would justify a sentence above the standard range. The Blakely court acknowledged, however, that its holding rested heavily on the need to give intelligible content to the right of jury trial:

That right is no mere procedural formality, but a fundamental reservation of power in our constitutional structure. Just as suffrage ensures the people's ultimate control in the legislative and executive branches, jury trial is meant to ensure their control in the judiciary.... Apprendi carries out this design by ensuring that the judge's authority to sentence derives wholly from the jury's verdict. Without that restriction, the jury would not exercise the control that the Framers intended.

Blakely, 124 S.Ct. at 2538-39. The role of the jury as a "circuitbreaker" in this context was crucial to the Court's decision. See Blakely, 124 S.Ct. at 2539

.

¶ 15 Without a right of jury trial in juvenile cases, it is conceptually awkward to try to extract the due process component from Apprendi and Blakely and graft it onto non-jury juvenile dispositions. And it is unnecessary to do so because, as the State recognizes, the juvenile code already provides that a disposition harsher than the standard range must be supported by proof beyond a reasonable doubt.

¶ 16 Before entering a dispositional order, the juvenile court is directed to consider, among other things, whether aggravating factors exist. RCW 13.40.150(3)(i). The juvenile court may impose a disposition outside the standard range if it concludes, and enters reasons for its conclusion, that a standard range disposition would "effectuate a manifest injustice". RCW 13.40.160(2). A standard range disposition is manifestly unjust if it "would either impose an excessive penalty on the juvenile or would...