People v. Veling
People v. Veling
Opinion of the Court
In 1988, the Michigan Legislature passed a package of laws that modified the manner in which courts treat the jurisdiction, adjudication, and treatment or punishment of juvenile offenders.
In these cases of first impression, we are asked whether the automatic waiver statute allows a circuit court to retain jurisdiction to sentence a juvenile offender who, although charged with an enumerated offense, is convicted of a nonenumerated lesser included offense. Additionally, we are asked whether the statute confers jurisdiction on the circuit courts to try juvenile offenders for nonenumerated offenses arising out of the same criminal transaction as the enumerated offense in the same trial.
Our task is not made easier by the lack of clear legislative history available. All that can be reasonably gleaned from the statute itself is the notion that the Legislature must have intended to treat juvenile offenders who engage in serious criminal activity more harshly by providing adult penalties for certain crimes. For the reasons that follow, we hold that the circuit courts have jurisdiction to sentence juveniles charged with enumerated offenses but convicted of nonenumerated lesser included offenses and to try and sentence juveniles charged with both enumerated and non-enumerated offenses arising out of the same criminal transaction._
A. PEOPLE v VELING
Defendant Benjamin Todd Veling was originally charged with assault with intent to commit murder.
After trial, defendant moved to remand his case to the probate court for disposition on the ground that his conviction for the lesser included offense divested the circuit court of its jurisdiction. Because assault with intent to do great bodily harm less than murder is not an offense enumerated in the automatic waiver statute, defendant contended, the circuit court had no jurisdiction to sentence him for that offense.
B. PEOPLE v HILL
As a result of events that allegedly occurred on October 15, 1991, defendant William Depree Hill was charged by a seven-count information with assault with intent to commit murder
The Jackson County prosecutor elected to charge defendant under Michigan’s automatic waiver statute. At the preliminary examination on October 24, 1991, defendant was bound over on all charges. Afterward, defendant filed a motion to dismiss counts n to vii on the ground that the circuit court lacked subject matter jurisdiction to
On December 17, 1991, the circuit judge granted defendant’s motion and quashed that part of the information charging him with counts n to vii on the ground that, of the crimes charged, the automatic waiver statute only applied to count i and so the court lacked jurisdiction over counts ii to vii. Furthermore, the court noted that the prosecutor’s proper course of action would have been to utilize the automatic waiver statute for count i and seek a traditional waiver for counts n to vii. Finally, the circuit judge adjourned the proceedings to allow the prosecutor to seek an interlocutory appeal.
The prosecutor sought the Court of Appeals review, but, relying on People v Deans, supra, the Court denied leave to appeal. On August 7, 1992, however, this Court granted the prosecutor’s motion for interlocutory leave to appeal and the case was considered with that of defendant Veling. 440 Mich 889.
II
Before the enactment of the automatic waiver statute, the juvenile division of the probate court had "[exclusive original jurisdiction superior to and regardless of the jurisdiction of any other court in proceedings concerning a child under 17 years of age . . . .” MCL 712A.2(a); MSA 27.3178(598.2)(a). In 1988, however, along with the creation of the automatic waiver statute, this section of the Revised Judicature Act was amended so that the probate court no longer had exclusive jurisdiction over all juveniles. Rather, "[t]he juve
Once personal jurisdiction is established, the magistrate must have probable cause to believe, as part of the preliminary examination, that the juvenile committed the charged enumerated offense. See MCL 766.14(2); MSA 28.932(2).
III
As noted above, the Code of Criminal Procedure is very specific; if at the preliminary examination the magistrate finds that an enumerated offense has not been committed, the magistrate must send the case back to the probate court. The code is noticeably silent, however, concerning the proper procedure following a conviction for a lesser included offense or the procedure to be used for juveniles charged with nonenumerated offenses arising out of the same transaction as the enumerated offense. Defendants Veling and Hill would have us construe this silence as a requirement to remand these cases to the probate court for disposition. For the reasons that follow, we find such a statutory construction to be untenable.
A
In the exercise of circuit court jurisdiction over adult offenders, there is a presumption against divesting a court of its jurisdiction once it has properly attached, and any doubt is resolved in favor of retaining jurisdiction.
B
Similarly, Michigan courts extend circuit court jurisdiction to all same transaction offenses an adult is alleged to have committed, even though the circuit court had original jurisdiction over only some of the offenses. For example, where an adult is charged with a felony and a misdemeanor, the circuit court has jurisdiction to dispose of the entire case, even though a circuit court has no jurisdiction over misdemeanor charges alone. The defendant in People v Loukas, 104 Mich App 204; 304 NW2d 532 (1981), was initially charged in circuit court with a felony, resisting arrest, and a misdemeanor, reckless driving (later changed to careless driving). The defendant pleaded nolo contendere to both charges, and the case proceeded to sentencing. At sentencing, the defendant argued that the circuit court could not sentence him for the misdemeanor conviction because it lacked ju
The defendant in People v Shackelford, 146 Mich App 330; 379 NW2d 487 (1985), was tried in the circuit court for a misdemeanor charge of possession of marijuana. Jurisdiction was conferred on the circuit court because the defendant initially was charged as a second offender, a felony. After trial, however, the prosecutor moved to dismiss the second-offender charge. With only the misdemeanor conviction remaining, the defendant argued that the circuit court had no jurisdiction to pass sentence. Id. at 332-333. The Court of Appeals rejected this argument, however, on the ground that to the extent both charges were properly brought, the circuit court had jurisdiction to try both counts because they arose out of a single transaction. Id. at 333.
Finally, People v Carey, 110 Mich App 187; 312 NW2d 205 (1981), involved a defendant charged with crimes that allegedly occurred both within and outside the Detroit city limits. The defendant was tried in the Detroit Recorder’s Court for all charges, but was found guilty only of rape, the charge that allegedly occurred outside the city limits. The defendant argued that the Detroit Recorder’s Court had no jurisdiction to try him for the rape charge, because he was acquitted of the
C
While common law is the primary source of the duty to instruct regarding lesser included offenses, there is a statute that implicitly requires such instructions be given. Section 32 of the Code of Criminal Procedure provides:
Except as provided in subsection (2), upon an indictment for an offense, consisting of different degrees, as prescribed in this chapter, the jury, or the judge in a trial without a jury, may find the accused not guilty of the offense in the degree charged in the indictment and may fínd the accused person guilty of a degree of that offense inferior to that charged in the indictment, or of an attempt to commit that offense. [MCL 768.32(1); MSA 28.1055(1). Emphasis added.]
If the factfinder in a criminal case must be allowed to convict a defendant of a lesser included offense, it stands to reason the factfinder must be made aware of what lesser included offenses exist.
Michigan jurisprudence has established that the evidence adduced at trial determines the trial
Michigan’s statutory and interpretive case law concerning lesser included offenses require that instruction regarding such offenses be given in cases like those before us. We assume that the Legislature was aware of these mandates when enacting the automatic waiver statute
D
With respect to constitutional mandates, this Court, in People v White, 390 Mich 245; 212 NW2d 222 (1973), held that all charges against a defendant that arise out of a single criminal act, occurrence, episode, or transaction must be brought in one prosecution. This requirement, the Court held, provided "the only meaningful approach to the constitutional protection against being placed twice in jeopardy” where the crimes were committed in a continuous time sequence and displayed a single intent and goal. Id. at 257-258.
Similarly, other states allow their adult trial
[t]o rule otherwise would be to bisect criminal conduct artificially and require the state to follow two procedures with no substantive meaning other than to satisfy procedural requirements, with the end result that the case involving the lesser crime would be instituted in juvenile court and transferred to the superior court, and the juvenile would still be tried for the lesser crime along with the crime giving the [trial] court concurrent jurisdiction. There is no loss of substantive protection of the juvenile, and the public’s rights should not be impeded by meaningless procedural steps which delay the judicial process and conceivably could lead to the frustration of justice under the rigorous requirements of the double jeopardy clause. [Id. at 662. Citation omitted.]
In other words, to guard against double jeopardy, the supreme court allowed the trial court to hear all charges arising out of the same criminal transaction. In doing so, the court was willing to forego the artificial procedural requirements that otherwise would have required the defendant to be tried separately on the capital and lesser offenses.
E
Giving the circuit court jurisdiction to hear both enumerated and nonenumerated offenses avoids an anomalous result that would work to a juvenile defendant’s disadvantage. As the prosecutor in defendant Hill’s case pointed out, under the automatic waiver statute, upon a guilty plea or conviction, the circuit judge has the option of sentencing the juvenile or remanding the case to the probate court for disposition.
IV
On the basis of this analysis, we are convinced that the Legislature did not intend by its silence in the automatic waiver statute to require the bifurcation of lesser included and same transaction offenses. We find that the Legislature intended juveniles automatically waived to be treated consistently with the parallel scheme presently in effect for adults. We are not alone in our conclusion and find satisfaction in knowing that many states treat juveniles in a similar manner.
Our conclusions in these cases implicate the Court of Appeals decision in People v Deans, supra. The Deans Court considered the issues raised by both defendants here. It held that the circuit court did not have jurisdiction to try a defendant for nonenumerated offenses arising out of the same transaction as the enumerated offense. 192 Mich App 330. The Court reasoned that the statute was clear and unambiguous; the enumeration
While we agree with the second conclusion of the Deans Court, we cannot agree with its first. The conclusion regarding the same transaction offenses completely ignores the parallel treatment of adult offenders in circuit court and the policy support for retaining circuit court jurisdiction over juvenile offenders.
VI
For the reasons set forth above, we conclude that the circuit courts have jurisdiction to sentence juveniles charged with enumerated offenses, but convicted of nonenumerated lesser included offenses, and to try and sentence juveniles charged with both enumerated and nonenumerated offen
Section 606 of the Revised Judicature Act provides in full:
The circuit court shall have jurisdiction to hear and determine a violation of section 83, 89, 91, 316, 317, 520b, or 529 of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.83, 750.89, 750.91, 750.316, 750.317, 750.520b, and 750.529 of the Michigan Compiled Laws, or section 7401(2)(a)(i) or 7403(2)(a)(i) of the public health code, Act No. 368 of the Public Acts of 1978, being sections 333.7401 and 333.7403 of the Michigan Compiled Laws, if committed by a juvenile 15 years of age or older and less than 17 years of age. [MCL 600.606; MSA 27A.606.]
In other words, a prosecuting attorney can proceed directly in the circuit court without having to request a waiver hearing against a juvenile aged fifteen or sixteen charged with committing the following crimes:
• Assault with intent to murder (MCL 750.83; MSA 28.278).
• Assault with intent to commit armed robbery (MCL 750.89; MSA 28.284).
• Attempted murder (MCL 750.91; MSA 28.286).
• First-degree murder (MCL 750.316; MSA 28.548).
• Second-degree murder (MCL 750.317; MSA 28.549).
• First-degree criminal sexual conduct (MCL 750.520b; MSA 28.788[2]).
. Armed robbery (MCL 750.529; MSA 28.797).
. Delivery of a controlled substance (MCL 333.7401; MSA 14.15[7401]).
• Possession of a controlled substance (MCL 333.7403; MSA 14.15[7403j).
Before the enactment of the automatic waiver statute, a juvenile could only be tried in circuit court if the prosecutor sought and received a waiver from the probate court. Michigan law provides:
If a child who has attained the age of 15 years is accused of*27 an act which, if committed by an adult, would be a felony, the judge of probate of the county where the offense is alleged to have been committed may waive jurisdiction pursuant to this section upon motion of the prosecuting attorney. After waiver, it shall be lawful to try the child in the court having general criminal jurisdiction of the offense. [MCL 712A.4(1); MSA 27.3178(598.4X1).]
With the advent of the automatic waiver statute, this provision is no longer the exclusive means by which a prosecutor can try a juvenile in adult circuit court.
MCL 750.83; MSA 28.278. As stated in n 1, this offense is one of those specifically enumerated in the automatic waiver statute.
It is interesting to note that defendant does not contest the validity of his conviction for the nonenumerated offense, but only the court’s authority to sentence him.
MCL 769.1(3); MSA 28.1072(3) requires the circuit court to conduct a hearing to determine if the best interests of the juvenile and the public would be served by placing the offender in a juvenile facility or an adult corrections facility. The provision establishes certain criteria for the circuit judge in making this determination. Such criteria are essentially the same as those used by a probate judge in determining whether to waive jurisdiction of a juvenile to circuit court in a traditional waiver hearing. See MCL 712A.4(4); MSA 27.3178(598.4X4).
MCL 750.83; MSA 28.278.
MCL 750.227; MSA 28.424.
MCL 750.226; MSA 28.423.
MCL 750.227b; MSA 28.424(2).
MCL 333.7403(2)(a)(v); MSA 14.15(7403)(2)(a)(v).
MCL 766.14(2); MSA 28.932(2) provides:
If at the conclusion of the preliminary examination of a juvenile the magistrate finds that a violation of [certain enu-, merated offenses], did not occur or that there is not probable cause to believe that the juvenile committed the violation, but that there is probable cause to believe that some other offense occurred and that the juvenile committed that other offense, the magistrate shall transfer the case to the juvenile division of the probate court of the county where the offense is alleged to have been committed.
There is, however, no prohibition against the prosecutor seeking a traditional waiver on the charges the magistrate removed from circuit court. See MCL 766.14(2); MSA 28.932(2).
See Paley v Coca-Cola, 389 Mich 583; 209 NW2d 232 (1973). Moreover, any legislative intent to divest jurisdiction once it has properly attached must be clearly and unambiguously stated. Leo v Atlas Industries, Inc, 370 Mich 400; 121 NW2d 926 (1963).
See, e.g., Jimenez v Commonwealth, 10 Va App 277; 392 SE2d 827 (1990), rev’d on other grounds 241 Va 244; 402 SE2d 678 (1991); Broughton v Commonwealth, 596 SW2d 22 (Ky App, 1979); State v Shults, 169 Mont 33; 544 P2d 817 (1976) (all courts holding that where a defendant is charged with a felony giving the trial court jurisdiction, a subsequent lesser included misdemeanor conviction does not divest the trial court of jurisdiction). See also Zimmerman v Miller, 206 Mich 599, 604-605; 173 NW 364 (1919), in which this Court held that a circuit court retains jurisdiction in a civil case even when the verdict is below the jurisdictional requirement.
It is a general rule of construction that "lawmakers are presumed to know of and legislate in harmony with existing laws.” People v Harrison, 194 Mich 363, 369; 160 NW 623 (1916).
See, e.g., Tolbert v State, 598 So 2d 1011 (Ala Crim App, 1991) (where an adult court had jurisdiction to try a juvenile defendant charged with felony murder, the court had jurisdiction, on the basis of
Double jeopardy is only one of several difficulties associated with requiring two trials for enumerated and nonenumerated offenses. As noted by the New Jersey Superior Court
[t]o require treatment of the same criminal episode partially in Juvenile Court and partially in adult court would serve no beneficial purposes believed to be derived from the creation of a .system of juvenile courts. To permit fragmentation of the criminal transaction invites many possible problems, such as in sentencing, or with collateral estoppel, double jeopardy and merger. Fragmentation is also wasteful of prosecutorial, defense and judicial resources. [In re RLP, 159 NJ Super 267, 272; 387 A2d 1223 (1978).]
See also State v Garcia, 93 NM 51, 53-54; 596 P2d 264 (1979), in which the New Mexico Supreme Court used the same rationale to hold that if a juvenile court finds at a traditional waiver hearing that a juvenile defendant should be prosecuted as an adult, the adult court obtains jurisdiction over the juvenile’s entire case.
See n 5 for a discussion of the postconviction hearing required for juveniles brought before a circuit court via the automatic waiver statute.
The postconviction sentencing hearing does not apply to jurisdiction of minors that is waived to circuit court under the traditional procedures. People v Cosby, 189 Mich App 461; 473 NW2d 746 (1991). Moreover, the court rules detailing the hearing process do not apply to jurisdiction of minors that is waived under the traditional procedures. See MCR 6.901(B).
Note, however, it is equally likely that the circuit court should have jurisdiction over both enumerated and nonenumerated offenses because the juvenile should be treated like an adult for all purposes. In the context of a traditional waiver hearing, the Pennsylvania Supreme Court, in Commonwealth v Romeri, 504 Pa 124; 470 A2d 498 (1983), cert den 466 US 942 (1984), held that circuit court jurisdiction extends to lesser charges arising out of the same "criminal episode” because
it is unrealistic to believe that a youthful offender who the court determines cannot profit from the care, guidance and control aspects of a juvenile proceeding on the murder charge . . . would be amenable to such care, guidance and control on the non-murder charges arising from the same criminal transaction. [Id. at 138.]
Where automatic waiver statutes are involved, there is a presumption in many states against subsequently divesting a court of its
Similarly, once an adult court has obtained jurisdiction over a juvenile defendant by means of a traditional waiver hearing, it has been held that court retains jurisdiction to sentence the defendant when there has been a plea of guilty or conviction of a lesser included offense, even if that offense was not considered at the waiver hearing. People v Jimmie Smith, 35 Mich App 597; 192 NW2d 666 (1971) (the Court affirmed the defendant’s conviction of unarmed robbery, even though the waiver hearing referred only to armed robbery). See also Iglesias v State, 599 So 2d 248 (Fla App, 1992); State v Hamilton, 285 SC 133; 328 SE2d 633 (1985); Dicus v Second Judicial Dist Court, 97 Nev 273; 625 P2d 1175 (1981); Gray v State, 6 Md App 677; 253 A2d 395 (1969) (all these courts holding that when an adult court acquires jurisdiction in prosecution of an offense from a juvenile court, the adult court maintains jurisdiction to convict the defendant of the charged crime and any lesser included offenses).
On its own initiative, and citing only Deans, supra, another panel of the Court of Appeals, in People v Spearman, 195 Mich App 434; 491 NW2d 606 (1992), reversed a felony-firearm conviction on the grounds that the automatic waiver statute did not automatically give the court jurisdiction over nonenumerated offenses arising out of the same criminal transaction.
Indeed, it is clear that the Court of Appeals has not been unanimous on this issue. Over seven months before the Deans decision was announced, a different panel of the Court of Appeals implied in dicta that the automatic waiver statute applied to all crimes arising out of the same criminal transaction as the enumerated offense. See People v McCoy, 189 Mich App 201, 202, n 1; 471 NW2d 648 (1991).
In vacating this order, we note that the Oakland County circuit judge had no authority to remand this case to the probate court without conducting the postconviction sentencing hearing, unless that hearing was waived by the prosecutor and the defendant. See MCL 769.1(4); MSA 28.1072(4).
Concurring Opinion
I concur in People v Veling and dissent in People v Hill for the reasons stated by the Court of Appeals in People v Deans, 192 Mich App 327; 480 NW2d 334 (1991), where the defendant, a juvenile, was charged with assault with intent to murder and other offenses, including possession of cocaine and felony-firearm.
The defendant in Deans had been automatically waived to the circuit court on assault with intent to murder. The Court of Appeals held that the circuit court did. not have jurisdiction to try the possession of cocaine and felony-firearm charges. The gist of its reasoning and holding is stated in the syllabus prepared by the reporter of decisions:
The circuit court did not have jurisdiction to try*44 the defendant on the charges of cocaine possession and felony-firearm, and those convictions must be vacated. Jurisdiction over juveniles, superior to that of any other court, is expressly and exclusively vested in the juvenile division of the probate court by MCL 712A.2; MSA 27.3178(598.2), subject to exceptions enumerated in MCL 600.606; MSA 27A.606, granting the circuit court jurisdiction to determine violations of certain offenses committed by juveniles. Cocaine possession and felony-firearm are not among the enumerated exceptions. Once a juvénile is charged with an enumerated felony, the probate court’s jurisdiction is not automatically waived for all other felonies under a theory of pendent or ancillary jurisdiction in the circuit court, and the prosecutor must initiate probate court waiver proceedings in order to charge a juvenile defendant with nonenumerated felonies in the circuit court. [Id., pp 327-328.]
The reasoning and holding in Deans on the issues presented in Veling parallels the reasoning and holding of the majority in Veling.
Reference
- Full Case Name
- People v. Veling; People v. Hill
- Cited By
- 47 cases
- Status
- Published