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STATE v. RANDOLPH6/17/1994
This is an appeal from a conviction for aggravated battery, K.S.A. 21-3414. Mickey A. Randolph, who was 16 years old at the time of the offense, was tried as an adult.
The parties do not dispute the facts of the case. During the evening of January 16, 1992, Randolph and two other youths confronted and fought with Lester Berry in Topeka. One of them demanded money from Berry. When he produced about 30 cents, someone knocked it to the ground and then all three young men began hitting him. Berry testified that he believed that Randolph also hit him with a bottle. Randolph denied this. The three assailants were soon picked up by the police.
Randolph's prosecution commenced with a complaint filed in the juvenile court in accordance with the Kansas Juvenile Offenders Code, K.S.A. 38-1601 et seq. The State charged Randolph with one count of attempted aggravated robbery, K.S.A. 21-3427 and K.S.A. 21-3301. The State filed a motion to waive juvenile court jurisdiction pursuant to K.S.A. 38-1636. The State also wanted the juvenile court, at the hearing, to decide the waiver of jurisdiction, to consider evidence, and to make findings in lieu of a preliminary examination pursuant to K.S.A. 22-2902. The State, at the waiver hearing, withdrew its request for a preliminary hearing when Randolph agreed, before the hearing, to stipulate to the motion to waive jurisdiction.
At the jurisdiction waiver hearing in juvenile court, the State maintained that the underlying complaint before the court was one count of attempted aggravated robbery, an offense that would constitute a felony if the respondent Randolph were an adult. When asked by the juvenile court judge for the factual basis of the motion to waive, the prosecutor responded that (1) Randolph was under 18 years of age, (2) he is alleged to be a juvenile offender based on a violation of K.S.A. 21-3301 and 21-3427, attempted aggravated robbery, (3) he is over 16 years old but younger than 18 years old, (4) "such offenses would be felonies if committed by an adult," and (5) Randolph's record, the serious, violent nature of this offense, Randolph's lack of amenability to programs available in juvenile court, and the safety of the community all compelled Randolph's prosecution as an adult. Randolph, through his attorney, stipulated to all of the State's allegations.
Based on those allegations, Randolph's stipulation, and the consent of his court-appointed attorney, the juvenile court ordered Randolph to stand trial as an adult. The State never informed
the juvenile court judge or Randolph that it intended to file additional felony charges against Randolph as an adult.
The State filed a three-count criminal complaint against Randolph, charging him as an adult with one count of aggravated battery, K.S.A. 21-3414, and one count of robbery, K.S.A. 21-3426, along with the original charge of attempted aggravated robbery. After a preliminary hearing on March 27, 1992, Randolph was bound over for trial on all three counts. At his trial, after objecting to the State filing the two additional felony charges, Randolph was found guilty of aggravated battery, not guilty of attempted aggravated robbery (the original charge in juvenile court), and not guilty of robbery. Randolph had never been charged in juvenile court with aggravated battery.
Randolph argues that the trial court committed three errors. He alleges that the criminal court was without jurisdiction to try his case because subject matter jurisdiction cannot be waived by a juvenile. Second, Randolph argues that the trial court allowed the State to improperly file two additional charges against him once he appeared in crim
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