Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re S.-Q. K.

Court of Appeals of Oregon

July 18, 2018

In the Matter of S.-Q. K., a Youth.
v.
S.-Q. K., Appellant. STATE OF OREGON, Respondent,

          Submitted August 2, 2017.

          Multnomah County Circuit Court 15JU03217; Petition Number 150522117; Merri Souther Wyatt, Judge.

          Caitlin Mitchell fled the briefs for appellant.

          Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Jonathan N. Schildt, Assistant Attorney General, filed the brief for respondent.

          Before Lagesen, Presiding Judge, and DeVore, Judge, and James, Judge.

         Case Summary: Youth appeals a juvenile court judgment finding him within the court's delinquency jurisdiction for conduct which, if committed by an adult, would constitute riot, ORS 166.015. At the time of the incident in question, youth was on juvenile court probation for a previous adjudication of delinquency, and youth was found to have violated the conditions of his probation as a result of the incident. Youth argues that ORS 419A.190 required the juvenile court to dismiss the petition in this case as a consequence of the fact that youth was already sanctioned for a probation violation in connection with the same incident. Held: The trial court erred. Because youth previously had been adjudicated to be in violation of his probation based on allegations arising out of the same conduct, ORS 419A.190 barred this delinquency proceeding.

         Reversed and remanded with instructions to dismiss the petition.

         [292 Or.App. 837] LAGESEN, P. J.

         Youth appeals a juvenile court judgment finding him within the court's delinquency jurisdiction for conduct that, if committed by an adult, would constitute riot, ORS 166.015. At the time of the incident in question, youth was on juvenile court probation for a previous adjudication of delinquency, and youth was found to have violated the conditions of his probation as a result of the incident. The question on appeal is whether ORS 419A.190 required the juvenile court to dismiss the petition in this case as a consequence of the fact that youth previously had been sanctioned for a probation violation in connection with the same incident. For the reasons that follow, we conclude that the answer to that question is yes: Because youth previously had been adjudicated to be in violation of his probation based on allegations arising out of the same conduct, ORS 419A.190 barred this delinquency proceeding. We therefore reverse and remand with instructions to dismiss.

         The facts relevant to the legal question before us are procedural and not in dispute. In 2014, youth was adjudicated delinquent for conduct that, if committed by an adult, would constitute interfering with a peace officer, ORS 162.247, and resisting arrest, ORS 162.315. The juvenile court placed youth on probation. One of the conditions of youth's probation required him to "[a]ttend school regularly and obey all school rules, no skipping."

         Almost a year later, the state initiated a probation violation proceeding by filing a probation violation petition. The petition alleged that youth violated that condition of probation because, "[o]nor about April 23, 2015, [youth] was expelled due to fighting." At a later hearing, youth admitted the allegation. The court accepted youth's admission, found him in violation of his probation, and ordered youth to complete 24 hours of community service, but also continued the dispositional hearing until a later date. The dispositional order on the probation violation noted both that the juvenile court counselor was recommending detention and also that the "DA may be filing new petition from alleged behavior that resulted in expulsion."

         [292 Or.App. 838] Consistent with that notation, several weeks later, the state initiated this delinquency proceeding. In the petition, the state alleged that youth had committed acts that, if committed by an adult, would constitute the crime of riot, in violation of ORS 166.015. Those acts, the state alleged, were as follows:

"On or about the 23rd day of April, 2015, in the county of Multnomah, State of Oregon, [youth] did unlawfully and knowingly, while participating with 5 or more other persons, engage in tumultuous and violent conduct, thereby RECKLESSLY creating a grave risk of causing public alarm."

(Uppercase in original.)

         Youth moved to dismiss the petition. He argued that ORS 419A.190 barred the proceeding because he had already admitted to his involvement in the underlying incident in the earlier probation violation proceeding. He also argued that the double jeopardy provisions of the state and federal constitutions barred the proceeding. In response, the state's primary argument was that the probation violation proceeding involved different conduct-youth's expulsion- than the conduct underlying the allegations of riot. The state also disputed that, under state and federal constitutional double jeopardy principles, a probation violation proceeding precluded a later delinquency adjudication based on the same underlying conduct. The juvenile court agreed with the state and denied youth's motion to dismiss. As noted, it then found that youth had committed conduct that, if committed by an adult, would constitute riot, and put youth on probation for that conduct. Youth appealed.

         On appeal, youth renews his argument that ORS 419A.190 barred this delinquency proceeding because he previously had been found in violation of his probation as a result of the same incident. The state responds that, for purposes of ORS 419A.190, juvenile probation violation proceedings do not involve the sort of "adjudicatory hearings" that bar subsequent proceedings based on the same conduct under that statute. The state argues further, as it did below, that ORS 419A.190 does not bar ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.