STATE OF NEW JERSEY VS. J.Y.D. (12-05-1124, ATLANTIC COUNTY AND STATEWIDE) (RECORD IMPOUNDED), A-3221-14T4

Background

In June 2010, when he was 15, J.Y.D. and a co-defendant entered a woman's car at gunpoint, forced her to drive to a secluded spot, and compelled her to perform sexual acts while one male raped her; J.Y.D. pointed a gun at the victim and ejaculated during the assault. The victim later reported the crimes and identified J.Y.D.
Juvenile complaints charged J.Y.D. with multiple felonies, including carjacking, kidnapping, robbery, aggravated sexual assault, weapons offenses, and related conspiracies.
The State moved to waive juvenile jurisdiction to adult court; after hearings and expert testimony for both sides, the family court found probable cause, concluded rehabilitation potential existed but did not outweigh deterrence, and granted the waiver.
An Atlantic County grand jury indicted J.Y.D.; he pled guilty to first-degree robbery and second-degree sexual assault pursuant to a plea recommending an aggregate 18-year term (consecutive sentences), subject to NERA.
On appeal, J.Y.D. challenged (1) the family court's waiver to adult court (arguing rehabilitation outweighed waiver reasons), (2) sentencing (claiming failure to apply Yarbough and to consider age/mitigating factors), and (3) ineffective assistance of counsel.
The Appellate Division affirmed: it upheld the waiver (finding proper C.A.H. analysis and no abuse of discretion), and affirmed the sentence (finding no Yarbough or Miller/Graham/Roper error warranting remand); ineffective assistance was deferred to post-conviction relief.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Waiver to adult court under N.J.S.A. 2A:4A-26 (C.A.H. balancing)	State: probable cause existed, C.A.H. factors (grave offense, deliberateness) support waiver and deterrence outweigh rehabilitation	J.Y.D.: rehabilitation prospects before 19 substantially outweigh reasons for waiver; court failed to analyze deterrence properly and misapplied C.A.H. prongs	Affirmed: family court credited evidence, found rehabilitation potential but held deterrence/gravity/deliberateness justified waiver; no abuse of discretion
Requirement to state reasons for deterrence/general/individual	State: family court considered deterrence and C.A.H. factors; reasons are reflected in the record and waiver opinion	J.Y.D.: court failed to provide specific findings on how waiver promotes individual or general deterrence	Rejected: appellate court found record and written opinion sufficiently grounded the deterrence rationale
Sentencing — consecutive terms and Yarbough factors	State: plea agreement recommended consecutive terms; sentencing court considered record and plea; Yarbough factors need not all favor concurrency to permit consecutive terms	J.Y.D.: court failed to apply Yarbough criteria and did not separately state reasons for consecutive sentences; failed to consider juvenile age/attendant circumstances	Affirmed: plea agreement and record made sentencing rationale evident; Yarbough noncompliance did not require remand and Miller/Graham considerations did not mandate relief here
Ineffective assistance of counsel claim	State: such claims should be litigated in a PCR proceeding	J.Y.D.: counsel ineffective at waiver/sentencing causing prejudice	Dismissed on appeal as premature: court declined to resolve ineffective-assistance on direct appeal and left it to PCR process

Key Cases Cited

State in the Interest of C.A.H. and B.A.R., 89 N.J. 326 (1982) (establishes balancing test factors for juvenile waiver and the role of deterrence vs. rehabilitation)
State v. Yarbough, 100 N.J. 627 (1985) (articulates guidelines for imposing consecutive sentences)
Miller v. Alabama, 567 U.S. 460 (2012) (requires consideration of youth and attendant circumstances in juvenile sentencing challenges to mandatory life without parole)
Graham v. Florida, 560 U.S. 48 (2010) (limits severe juvenile sentences for non-homicide offenses)
Roper v. Simmons, 543 U.S. 551 (2005) (juvenile death penalty unconstitutional; emphasizes differences between juveniles and adults)