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State v. C.K.

Court of Appeals of Indiana

February 28, 2017

State of Indiana, Appellant-Petitioner,
v.
C.K., Appellee-Respondent.

         Appeal from the Marion Superior Court. The Honorable Marilyn A. Moores, Judge. The Honorable Gary Chavers, Magistrate. Cause Nos. 49D09-1509-JD-1749, 49D09-1510-JD-1799

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

          Attorney for Appellee Deborah Markisohn Marion County Public Defender Agency Indianapolis, Indiana

          Sharpnack, Senior Judge

         Statement of the Case

         [¶1] In this interlocutory appeal, the State of Indiana challenges the juvenile court's denial of the State's petition for the court to waive jurisdiction over C.K. in two cases. We reverse and remand with instructions.

         Issue

         [¶2] The State raises one issue, which we restate as: whether the juvenile court erred in denying the State's petition for the court to waive jurisdiction over C.K. and transfer two cases to adult court.

         Facts and Procedural History

         [¶3] This appeal involves two juvenile cases but is also related to a criminal case, and we set forth the circumstances of each case in turn. On September 7, 2014, C.K., a fifteen-year-old, allegedly broke into Robert West's dwelling and stole his property, acts that would constitute Level 4 felony burglary and Level 6 felony theft if committed by an adult. C.K. left the scene and was not identified at the time, but the State alleges that he left fingerprints behind. These events later led to juvenile Cause Number 49D09-1509-JD-1749 ("JD-1749").

         [¶4] Next, on September 29, 2014, C.K., who was still fifteen years of age, allegedly participated in the beating of Caleb Burgess and the theft of his property, an act that would constitute Level 3 felony robbery if committed by an adult. C.K. left the scene and was not identified at the time, but he allegedly left fingerprints behind. These events later led to juvenile Cause Number 49D09-1510-JD-1799 ("JD-1799").

         [¶5] On September 5, 2015, after C.K. turned sixteen, he and several companions robbed a pizza delivery person. On September 10, 2015, the State placed C.K. in the Marion County Jail and charged him with two counts of robbery, both Level 3 felonies, in Cause Number 49G03-1509-F3-32250 ("F3-32250"). The State took C.K.'s fingerprints and entered them in an unsolved crimes database, which allegedly indicated that C.K.'s fingerprints matched fingerprints found at the scenes of the incidents that occurred on September 7 and 29, 2014. The State investigated further and found additional evidence that allegedly tied C.K. to those incidents.

         [¶6] The State referred the matters arising from C.K.'s alleged acts on September 7 and 29, 2014, to the juvenile court, which opened Cause Numbers JD-1749 and JD-1799, respectively. The juvenile court's chronological case summary shows that on September 24, 2015, the juvenile court issued a detention order for C.K. in JD-1749, directing that a "juvenile hold" be placed on him. Appellant's Appendix Vol. 2, p. 7. In the order, the juvenile court acknowledged that C.K. was "presently in Marion County Jail on an armed robbery charge." Id. at 19. The court further ordered that a copy of the juvenile hold should be sent to "Marion County Jail Records." Id. at 20. Finally, the court scheduled a detention order review for October 29, 2015, and directed C.K., his parent or guardian, and counsel for both sides to appear.

         [¶7] On October 29, 2015, the juvenile court issued an order in JD-1749 and JD-1799, noting that no one appeared for the scheduled hearing. The court ordered that the juvenile hold would remain in effect and appointed a public defender to represent C.K. in both cases. In addition, the court ...


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