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State v. I.B.11/27/2000
o prove lack of self- defense beyond a reasonable doubt. To claim self-defense, the defendant must produce some credible evidence demonstrating self-defense. Once produced, the burden shifts to the State to prove the absence of self- defense beyond a reasonable doubt. Although I.B. was hit in the head with a beer bottle, it was not Jeremy who threw the bottle and only Jeremy was involved in the fight with I.B. The only other evidence in the record indicating the need for self-defense was I.B.'s testimony that Jeremy choked him during the fight so that he had difficulty breathing. The court's determination that evidence of self-defense was virtually nonexistent indicates that the court did not find I.B.'s testimony credible. Thus, if the State had a burden of disproving self-defense, it was met.
Finally, I.B. argues that the court's untimely entry of findings of fact requires reversal. JuCR 7.11(d) requires entry of written findings of fact and conclusions of law within 21 days after receiving notice of appeal.
The findings in this case were entered April 6, 2000, well after the September 9, 1999 notice of appeal and the filing of appellant's opening brief on February 17, 2000. Although untimely, reversal is not appropriate unless the defendant is prejudiced by the delay (e.g., where findings ultimately entered have been 'tailored' to meet issues raised on appeal). In this case, I.B. demonstrated no prejudice. The written findings and conclusions accurately reflect the juvenile court's oral findings in the record.
AFFIRMED.
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