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K.G. v. State

Court of Appeals of Indiana

January 13, 2017

K.G., Appellant-Defendant,
v.
State of Indiana, Appellee-Plaintiff.

         Appeal from the Marion Superior Court, Juvenile Division Trial Court Cause No. 49D09-1601-JD-8 The Honorable Marilyn Moores, Judge, The Honorable Geoffrey Gaither, Magistrate, The Honorable Gary Chavers, Magistrate

          Attorney for Appellant Elizabeth A. Houdek Indianapolis, Indiana

          Attorneys for Appellee Curtis T. Hill, Jr. Attorney General of Indiana Ellen H. Meilaender Deputy Attorney General Indianapolis, Indiana

          Altice, Judge.

         Case Summary

         [¶1] K.G. appeals from his adjudication as a delinquent for committing an act that would constitute Class A misdemeanor theft if committed by an adult. Relying upon Ind. Code § 31-37-11-2(b), K.G. argues that he was entitled to discharge because the fact-finding hearing was not commenced within sixty days, excluding Saturdays, Sundays and legal holidays, of the petition being filed.

         [¶2] We affirm.

         Facts & Procedural History

         [¶3] On January 4, 2016, the juvenile court approved the filing of a delinquency petition alleging K.G. to be a delinquent child for committing an act that would constitute theft if committed by an adult. That same day, K.G. was released to home confinement, which was changed to unsupervised release on January 26, 2016. K.G. and his family live in Kentucky.

         [¶4] The fact-finding hearing was originally scheduled for February 23, 2016. Over K.G.'s objection, the juvenile court granted the State's motion for continuance on February 22. During a pre-trial conference on March 1, the fact-finding hearing was rescheduled for March 29. Immediately thereafter, the State learned that one of its witnesses - a detective - would be unavailable on that date. Accordingly, on March 2, the State sought another continuance. On March 3, the juvenile court granted the motion, again over K.G.'s objection, and instructed the parties to find a mutually agreeable date for the fact-finding hearing. The court also set another pre-trial conference for March 22.

         [¶5] K.G. filed a motion for discharge just prior to the pre-trial conference on March

22, arguing that a trial date held beyond March 30 would violate I.C. § 31-37-11-2(b) and require dismissal. After hearing argument, the court denied the motion and set the fact-finding hearing, over K.G.'s objection, for April 11. At the April 11 hearing, K.G. renewed his objection to the hearing being held outside the statutory sixty-day period. The juvenile court, however, entered a true finding against K.G. at the conclusion of the hearing. Thereafter, at the dispositional hearing on May 16, the court closed the case and waived fees and costs. K.G. now appeals.

         Discussion & Decision

         [¶6] K.G. contends, as he did below, that he was entitled to dismissal because the fact-finding hearing was held beyond the time limits set forth in I.C. ยง 31-37-11-2(b). The State does not dispute the fact that the hearing was held more than sixty days (excluding weekends and legal holidays) after the filing of the delinquency petition on January 4, ...


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