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State v. Doe

Supreme Court of Idaho

February 10, 2014

STATE OF IDAHO, Plaintiff-Appellant,
v.
JOHN (2012-10) DOE, Defendant-Respondent

2014 Opinion No. 15

Appeal from the District Court of the Fifth Judicial District of the State of Idaho, Twin Falls County. Hon. Randy J. Stoker, District Judge. Hon. Thomas H. Borresen, Magistrate Judge.

Hon. Lawrence G. Wasden, Attorney General, Boise, for appellant. Kenneth K. Jorgensen argued.

Twin Falls County Public Defender's Office, Twin Falls, for respondent. Wade F. Hyder argued.

HORTON, Justice. Chief Justice BURDICK, Justices EISMANN, J. JONES and Justice Pro Tem SCHROEDER, CONCUR.

OPINION

Page 977

[156 Idaho 244] HORTON, Justice.

This is an appeal from the district court acting in its appellate capacity. The State appeals the district court's decision affirming the magistrate court's holding that it did not have jurisdiction over John (2012-10) Doe because he was twenty-one years of age when the State filed its petition in juvenile court. We reverse the decision of the district court.

I. FACTUAL AND PROCEDURAL BACKGROUND

On May 13, 2011, the Twin Falls County Prosecutor filed a petition with the magistrate court, juvenile division, alleging that Doe committed three counts of lewd conduct with a minor between August 1, 2004, and February 28, 2005. At the time of the alleged acts, Doe, born in August of 1988, was a minor. However, at the time the petition was filed and served on Doe he was twenty-two years old.

On July 7, 2011, Doe appeared before the juvenile court for an admit/deny hearing. At that time, the State gave oral notice of its intention to ask the magistrate judge to waive Doe's case into adult criminal court. On July 21, 2011, the State filed the promised motion. In response, Doe filed a motion to dismiss the petition, asserting the juvenile court lost jurisdiction when he turned twenty-one.

The magistrate court set a hearing for August 18, 2011, to address both the State's waiver motion and Doe's motion to dismiss. At the motion hearing, an argument arose between the parties regarding which motion the court should consider first. Unsure how to proceed, the juvenile court granted both parties a continuance and re-set the hearing for September 29, 2011. Ultimately, the court decided to address Doe's motion to dismiss first. After argument on Doe's motion to dismiss concluded, the magistrate judge took the matter under advisement and reserved ruling on the State's waiver until after deciding the motion to dismiss.

On November 4, 2011, the magistrate court issued its Memorandum Decision and Order granting Doe's motion to dismiss. The court determined that although it had initial jurisdiction in the matter pursuant to I.C. § 20-505, it did not retain jurisdiction in the case because I.C. § 20-507 terminated the court's jurisdiction over Doe when he attained twenty-one years of age. The State appealed to the district court.

The district court heard oral argument on August 20, 2012, took the matter under advisement, and issued its Memorandum Opinion Re: Appeal from Juvenile Court on August 21, 2012. The district court affirmed the magistrate ...


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