 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
State v. Hartpence3/22/2002
Appeal from Franklin District Court; THOMAS H. SACHSE, judge.
Affirmed.
Daniel L. Hartpence, a juvenile, was prosecuted as an adult on charges of rape and aggravated criminal sodomy. Hartpence entered Alford pleas to two counts of aggravated indecent liberties with a child, severity level 3 person felonies, in violation of K.S.A. 21-3504(a)(3)(A). See North Carolina v. Alford, 400 U.S. 25, 27 L. Ed. 2d 162, 91 S. Ct. 160 (1970). Hartpence argues on appeal that the magistrate judge erred in ruling he should be prosecuted as an adult, that the district court had jurisdiction to consider an appeal of the magistrate's decision, that prosecuting him as an adult substantially increased the penalty in violation of his constitutional rights, and that presuming he should be prosecuted as an adult under K.S.A. 38-1636(a)(2) violated his due process rights.
In April 1998, H.A.O., a 7-year-old girl, lived with her mother, two brothers, and three of her mother's friends, including a friend named Tyler. Hartpence was a friend of Tyler. On April 14, 1998, H.A.O. was sleeping against the wall in two beds pushed together. She said her two brothers and Tyler were sleeping with her. H.A.O. testified that she woke up to find Hartpence "licking where goes to the bathroom." H.A.O. tried to stop Hartpence by rolling over, but he held her shirt and would not let her roll over. H.A.O. stated that after Hartpence stopped licking her, he put his finger inside her vagina. H.A.O. said that Hartpence eventually stopped, but stayed in the bedroom. H.A.O. left the bedroom and went downstairs. H.A.O. said she did not tell her mother immediately because she was afraid Hartpence would hurt her. However, H.A.O. revealed the incident the next day.
On April 16, 1998, Hartpence was charged in juvenile court with one count of rape and one count of aggravated criminal sodomy. At the time of the offense, Hartpence was approximately 17 years and 5 months old. The State filed a motion to prosecute Hartpence as an adult. After hearing evidence, the magistrate judge granted the State's motion. The magistrate judge granted a hearing on Hartpence's motion for reconsideration. After hearing a large amount of expert testimony, the magistrate judge affirmed his ruling to allow the State to prosecute Hartpence as an adult.
On July 8, 1998, Hartpence was formally charged as an adult with one count of rape and one count of aggravated criminal sodomy, both severity level 2 person felonies. On March 8, 1999, Hartpence entered an Alford plea to two counts of aggravated indecent liberties with a child, severity level 3 person felonies, in violation of K.S.A. 21- 3504(a)(3)(A). The district court sentenced Hartpence to a controlling term of 74 months' incarceration.
Hartpence first argues the magistrate judge erred in certifying him as an adult. The standard for reviewing the decision to authorize prosecution of a juvenile as an adult is whether the decision is supported by substantial evidence. In re J.D.J., 266 Kan. 211, 216, 967 P.2d 751 (1998); State v. Claiborne, 262 Kan. 416, 420, 940 P.2d 27 (1997). Substantial evidence is evidence which possesses both relevance and substance and which furnishes a substantial basis of fact from which the issues can reasonably be resolved. State v. Garcia, 250 Kan. 310, Syl. 3, 827 P.2d 727 (1992).
Under K.S.A. 38-1636(a), Hartpence was presumed to be an adult and he had the burden to rebut the presumption. K.S.A. 38-1636(e) sets forth the factors to be considered when determining whether to treat a defendant as an adult or a juvenile. These factors must be considered by the court even where there is a presumption that the defendant is
Page 1 2 3 4 5 6 7 8 Kansas Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|