State v. J. C. N.-V.

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Juvenile Law
  • Date Filed: 01-22-2015
  • Case #: A147958
  • Judge(s)/Court Below: Sercombe, J. for the Court; En Banc; Egan, J. dissenting.

Under 419C.349(3), a juvenile defendant may be waived into circuit court and tried as an adult when the defendant is aware of the nature, degree of participation, and consequences of the alleged criminal act.

Defendant appealed the juvenile court’s grant of the state’s petition to waive him into circuit court so that he could be tried as an adult on the charge of aggravated murder. Defendant was 13 years and 8 months old when he allegedly beat, stabbed, and robbed the victim, resulting in victim’s death. Had an adult committed these crimes, the crimes would be classified as aggravated murder, first-degree robbery, and unlawful use of a weapon. Under 419C.352, the State petitioned to waive Defendant’s youth status for prosecution as an adult because the criteria set forth in 419C.349 was satisfied. The juvenile court found that the legislature’s intent was to allow waiver of juvenile’s that, through their sophistication and maturity, understand that their actions are wrong and likely have criminal consequences. Thus, the juvenile court granted the petition to waive Defendant into circuit court to be tried for aggravated murder as an adult. Defendant appealed and the Court affirmed, holding that Defendant satisfied the waiver requirements in 419C.349(3). Affirmed.

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