State ex rel. W. E. C.
State ex rel. W. E. C.
Opinion of the Court
The opinion of the court was delivered by
This appeal involves the propriety of certain amendments to complaints charging W.E.C., the juvenile herein, with delinquency. The amendments were allowed by the Juvenile Court immediately prior to the commencement of the hearing on the complaints. The Appellate Division, in an opinion reported at 165 N.J.Super. 161 (1979), held that the amendments were in violation of R. 5:9-3(b) as well as a mistaken exercise of discretion and, therefore, improper. We conclude otherwise.
W.E.C. was involved in an altercation with two police officers who had responded to a disturbance in the parking area of a shopping mall. The underlying facts are set forth in the Appellate Division opinion and need not be repeated. 165 N.J.Super. at 164-165.
Just prior to the commencement of the hearing in Juvenile Court, the prosecutor moved to amend the complaints so as to change the statutory citations from N.J.S.A. 2A:170-26 (simple assault and battery) to N.J.S.A. 2A:90-4 (assault and battery upon a police officer, a high misdemeanor). Counsel for W.E.C. objected to the amendment but the trial court ruled that “all assaults on a police officer are cognizable under” N.J.S.A. 2A:90-4. The court offered to continue the case if “surprise” was claimed. However, counsel for W.E.C. declined the offer saying that surprise was not the basis of his objection.
A hearing was then held on the amended complaints at which the two officers and W.E.C. testified. At the conclusion, the court found that all charges had been sustained and adjudged W.E.C. a delinquent. Based on a prior juvenile record of repeated antisocial conduct, the court sentenced W.E.C. to concurrent indeterminate terms at the Youth Reception and Correction Center at Yardville.
However, the Appellate Division also held that the amendments herein were improper and in violation of R. 5:9—3(b) which provides:
Amendment of Complaint. The Court may amend the complaint to correct an error in form or the description of the offense intended to be charged or to charge a lesser included offense provided that the amendment does not charge another or different offense from that alleged and the defendant will not be prejudiced thereby in his defense on the merits. The court may adjourn the hearing for such time and on such terms as it deems proper.
The Appellate Division held that since the complaints originally denominated W.E.C.’s conduct as a disorderly person’s offense, the amendments, which changed the denomination to that of assault on a police officer, charged “another or different offense.” The Appellate Division noted that a record of delinquency for commission of what would be a high misdemeanor, as distinguished from what would be disorderly conduct, if committed by an adult, can have “substantial adverse effects on the juvenile’s future, particularly in the event of later brushes with the law.” The Appellate Division added that under the Juvenile Court Law, N.J.S.A. 2A:4-61(h), “the period of confinement and parole may not exceed the maximum provided by law for the offense if committed by an adult.”
We conclude that the Appellate Division took too narrow a view of R. 5:9-3(b). That rule should be read in conjunction with R. 5:8-l(a) which in pertinent part states that error in the juvenile complaint in testifying “the laws so violated by the juvenile * * * is not ground for dismissal of the complaint
In State v. Bott, 53 N.J. 391 (1969), the defendants had been indicted under the general receiving statute, N.J.S.A. 2A: 139-1, for receiving a stolen automobile. They moved to dismiss the indictment on the ground that the Legislature had passed a specific statute covering the receiving of stolen motor vehicles, N.J.S.A. 2A:139-3, and that they could be indicted only under the specific statute and not the general receiving statute. We agreed. However, instead of ordering the indictment dismissed, we held that the indictment should be amended to charge a violation of the specific statute. It was noted that the conduct charged to defendant remained the same (receiving a stolen automobile), that the evidence presented to the Grand Jury would support an indictment charging a violation of the specific statute and that the proof at trial would be the same. We observed: “We do not see how the defendants could possibly be harmed by simply changing the reference to the statute allegedly violated.” 53 N.J. at 403. In so holding, we were aware that an indictment under N.J.S.A. 2A: 139-3 exposed a defendant to more severe punishment than provided for under N.J.S.A. 2A:139-1. See also State v. Godfrey, 139 N.J.Super. 135 (App. Div. 1976), certif. den. 73 N.J. 40 (1976); State v. Blackman, 125 N.J.Super. 125 (App.Div. 1973).
The key to the sufficiency of the indictment on such situations is whether it gives the defendant adequate notice to
It is well to point out that the court’s scrutiny of the adequacy of a charge in an indictment would ordinarily be stricter than its assessment of the sufficiency of a juvenile complaint. The language of an indictment “must be definite and precise enough to preclude the possibility of a substitution by the petit jury in the criminal trial of an offense different from the crime which the grand jury in fact considered and charged.” State v. Wein, supra, 80 N.J. at 497; accord, State v. Boratto, supra, 80 N.J. at 519. This safeguard requirement of definiteness and precision in the indictment is constitutionally grounded. N.J.Const. (1947), Art. I, par. 8; see State v. LaFera, supra, 35 N.J. at 81; State v. DiPaolo, 34 N.J. 279, 285 (1961), cert. den. 368 U.S. 880, 82 S.Ct. 130, 7 L.Ed.2d 80 (1961); State v. Grothmann, 13 N.J. 90, 95-97 (1953); State v. Spano, 128 N.J.Super. 90, 92 (App.Div. 1973), aff’d 64 N.J. 566 (1974). However, in some respects, “[t]he full complement of constitutional
The same principle of adequacy applies here. The acts of misconduct charged to W.E.C. were unchanged by the amendments. The evidence against him remained the same. He was not prejudiced in any way “in his defense on the merits.” Rule 5:9—3(b) permits an amendment to a juvenile complaint “to correct an error in form or the description of the offense intended to be charged.” However, “the complaint in juvenile proceedings need not be drawn with the same exactitude as a criminal complaint.” State in Interest of L.B., 99 N.J.Super. 589, 594 (J. & D.R.Ct. 1968). See also State in Interest of L.N., 109 N.J.Super. 278, 286-287 (App.Div. 1970), aff’d per curiam 57 N.J. 165 (1970), cert. den. sub nom. Norman v. New Jersey, 402 U.S. 1009, 91 S.Ct. 2194, 29 L.Ed.2d 431 (1971). Error in specifying in the juvenile complaint “the laws so violated by the juvenile” so as to support a charge of delinquency “is not ground for dismissal of the complaint if the juvenile has not been misled thereby to his prejudice.” R. 5:8—1(a); see State in Interest of A.R., supra, 57 N.J. at 73; State in the Interest of A., supra, 130 N.J.Super. at 140. As this Court has explicated:
Although the rule [12. 5:8-l(a)] speaks of a statutory citation only if the conduct would be a substantive offense if committed by an adult, the rule of course does not foreclose a citation of a specific provision of the juvenile statute. Such a reference should ordinarily be made, but the end sought is fair notice and neither a failure to cite nor a miscitation will be fatal if the juvenile is not misled to his prejudice. [State in Interest of A.R., supra, 57 N.J. at 73]
This is further evidence that the primary consideration here is that of notice. What R. 5:9-3(b) prohibits is an amendment which charges “another or different offense from that alleged.”
That is not the present case. The only prejudice claimed is the “substantial adverse effects” on the juvenile as set forth in the Appellate Division opinion. However, the juvenile’s ability to defend on the merits was not prejudiced thereby. It is conceded that the prosecutor instead of amending the original complaints could have filed a new complaint citing N.J.S.A. 2A:90-4, the high misdemeanor statute. W.E.C. then would have been exposed to the same “substantial adverse effects” but obviously could not have claimed prejudice.
The Appellate Division also indicated that this matter was “preeminently a case in which a characterization of the juvenile’s conduct as rising to the seriousness of a high misdemeanor would have been highly inappropriate.” 165 N.J.Super. at 168. Suffice it to say that this was a fact issue for the Juvenile Court to decide. We find sufficient proofs in the record to support the Juvenile Court’s findings. That part of the ruling by the Appellate Division which modified the assault and battery dispositions is reversed and the judgment of the Juvenile Court is reinstated in its entirety.
This complaint also charged W.E.C. with using foul and offensive language to the officer. The Appellate Division upheld the finding of delinquency as to this.
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