from the Putnam Circuit Court No. 67C01-1901-JD-3. The
Honorable Matthew L. Headley, Judge
Attorney for Appellant Joel C. Wieneke Wieneke Law Office,
LLC Brooklyn, Indiana
Attorneys for Appellee Curtis T. Hill, Jr. Attorney General
of Indiana Angela N. Sanchez Assistant Section Chief,
Criminal Appeals Indianapolis, Indiana
D.P. appeals the denial of his motion to dismiss a
delinquency petition after D.P. reached twenty-one years of
age. We affirm.
and Procedural History
On January 9, 2019, the State filed a delinquency petition
alleging that in 2012, when D.P. was sixteen years old, he
committed an act that would constitute child molesting as a
class B felony if committed by an adult. The next day, the
State filed a motion to waive juvenile jurisdiction pursuant
to Ind. Code § 31-30-3-5.
On January 15, 2019, the court held a hearing at which D.P.
indicated he is a twenty-three-year-old adult. D.P.'s
counsel indicated that D.P. would admit the allegations, and
the court stated it would not accept the admission with a
pending motion to transfer the matter to adult court. The
court entered an order approving the filing of the
On February 11, 2019, D.P. filed a motion to dismiss alleging
that the court had no subject matter jurisdiction over him at
the time the delinquency petition was filed because he was
twenty-three years old. He asserted that Ind. Code §
31-30-1-1 provides "exclusive original
jurisdiction" over proceedings when a person is alleged
to be a delinquent child, but that the jurisdiction continues
only until "the child becomes 21 years of age."
Appellant's Appendix Volume II at 7.
At the February 12, 2019 hearing, the court asked D.P.'s
counsel, "are you saying that the State also could not
file a charge, a criminal charge against him because he was
under the age of 18?" Transcript Volume II at 17.
Well, once again, the exclusive jurisdiction over crimes
committed by juveniles lies with the juvenile court. If the
State waits until the juvenile ages out of the system, not
only does the juvenile court lose jurisdiction, it
doesn't suddenly revert to the adult criminal court
because they have no jurisdiction under - over crimes
committed as a juvenile. So, yes, they - by sitting on the
case for six years, that's what the result is.
Id. The prosecutor asserted that D.P.'s counsel
was "basically imposing a statute of limitations on
child molest allegations" and argued that the offense
was recently disclosed. Id.
On February 26, 2019, the court denied D.P.'s motion to
dismiss finding that it had original jurisdiction because the
allegation occurred when D.P. was sixteen years old and that
the prosecutor properly filed the delinquency petition and
had the right to file a waiver request pursuant to Ind. Code
§§ 31-30-3. The order states:
The suggestion by the child that the juvenile court does not
have jurisdiction is a non-starter. I.C. 31-30-2-1 deals with
continuing juvenile jurisdiction until 21 (that a
child has previously been adjudicated a delinquent
and upon his 21st birthday, the juvenile
court's jurisdiction ...