Appeal from Superior Court of King County. Docket No: 95-8-04120-7. Date filed: 11/02/95. Judge signing: Hon. Marsha J. Pechman.
Authored by James H. Allendoerfer, Visiting Judge. Concurring: Mary K. Becker, Walter E. Webster.
The opinion of the court was delivered by: Allendoerfer
ALLENDOERFER, J.P.T.* - If an adjudicated juvenile offender, while serving a term of community supervision, allegedly commits a new offense, it may constitute both a violation of community supervision and a crime subject to independent prosecution. This appeal raises the issue of whether the State must elect between filing a motion to modify community supervision and filing an information charging the new crime.
We hold that the express language of RCW 13.40.070(3) requires such an election. We affirm the dismissal of an information filed by the State charging Quinn Murrin with one count of taking a motor vehicle without permission because the State had previously elected to proceed by way of modification of the juvenile's prior Disposition order based on the same conduct.
Murrin pleaded guilty in juvenile court to one count of attempting to take a motor vehicle without permission. He was sentenced to three months of community supervision, and ordered to perform 16 hours of community service. He was also ordered to (1) engage in counseling and drug/alcohol evaluation and to follow all treatment recommendations, (2) regularly attend school, (3) pay restitution, (4) abide by all rules of an approved residence, including a curfew, (5) refrain from use or possession of any nonprescribed drugs, alcohol or weapons, and (6) not commit any new probable cause referrals. *fn1
Approximately two months later, a notice of modification was filed by a juvenile court probation officer. Murrin had allegedly failed to perform community service, failed to pay restitution, violated his curfew and committed new offenses while on community supervision. The alleged offenses were taking a motor vehicle and possession of burglary tools, occurring on July 3, 1995.
At the modification hearing, the State relied on all of the alleged violations of community supervision. *fn2 Murrin took no position on the new offense allegations. The Judge modified Murrin's Disposition order, and committed Murrin to 15 days in detention. *fn3
The State later filed an information charging Murrin with taking a motor vehicle without permission for the July 3, 1995, incident. Murrin's motion to dismiss the information was granted pursuant to RCW 13.40.070(3). *fn4
The statute at issue, RCW 13.40.070, provides in pertinent part:
(1) Complaints referred to the juvenile court alleging the commission of an offense shall be referred directly to the prosecutor. The prosecutor, upon receipt of a complaint, shall screen the complaint to determine whether:
(a) The alleged facts bring the case within the jurisdiction of the court; and (b) On a basis of available evidence there is probable cause to believe that the juvenile did commit the offense.
(3) If the requirements of subsection (1)(a) and (b) of this section are met, the prosecutor shall either file an information in juvenile court or divert the case, as set forth in subsections (5), (6), and (7) of this section. . . . In lieu of filing an information or diverting an offense a prosecutor may file a motion to modify ...