Juveniles – delinquency – competency — waiver

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Wisconsin Court of Appeals

Criminal

Juveniles – delinquency – competency — waiver

Where the juvenile court lacked competency to waive its jurisdiction over one of the counts upon which a juvenile’s waiver to adult court was based, the waiver order is invalid and ineffective.

“We cannot accept the State’s argument as it relies on inapplicable authority and contradicts the plain language of WIS. STAT. §938.12(2), which states that the juvenile court retains jurisdiction over ongoing cases where a delinquency petition is filed when the alleged offender is a juvenile.  The fact that errors by the State, Phillips’s attorneys, and both the juvenile and adult courts delayed the proceedings and Phillips has since become an adult does not affect the juvenile court’s jurisdiction over this matter under §938.12(2).  See D.W.B. v. State, 158 Wis. 2d 398, 404-05, 462 N.W.2d 520 (1990).  Phillips was a juvenile when the delinquency petition relying on Counts 1 and 2 was filed, and without a valid waiver order, the juvenile court retained jurisdiction over Phillips for those charges.”

Affirmed in part, and Reversed in part.

Recommended for publication in the official reports.

2012AP2103-CR State v. Phillips

Dist. II, Racine County, Torhorst, J., Reilly, J.

Attorneys: For Appellant: Stahl, Deborah J., Middleton; For Respondent: Wellman, Sally L., Madison; Tanck-Adams, Jennifer, Racine