215 Conn. 277 | Conn. | 1990
Lead Opinion
In this appeal from an order transferring a juvenile to the adult criminal docket pursuant to General Statutes § 46b-127 (l),
Under § 46b-127, the validity of a transfer order depends upon a court’s making “written findings, after a hearing, that there is probable cause to believe that the child has committed the act for which he is charged.” The proceedings in this case arose out of the involvement of the respondent with the death of Andre Lewis in New Haven as a result of a gun shot wound. After an evidentiary hearing in which both the state and the respondent fully participated, the trial court concluded that there was probable cause to believe that the respondent had committed the crime of murder. The court found that the respondent was fifteen years of age on the date when the alleged murder occurred.
The respondent repeatedly moved, over the objection of the state,
The respondent has raised two related challenges to the validity of the order transferring him to the regular criminal docket. He maintains that (1) the trial court’s written findings were legally insufficient to satisfy the requirements of § 46b-127 because they contained no express finding as to his intent to commit the crime of murder, and (2) there was an insufficient evidentiary basis for the trial court’s implied conclusion that the respondent specifically intended to kill the victim. Although we agree that the trial court should have made an express finding on the contested issue of intent, we are persuaded that the court’s failure to do so was harmless in light of the sufficiency of the evidence on intent presented at the hearing.
It is useful at the outset to note what is not at issue. The respondent concedes that the trial court’s written findings sufficiently address the respondent’s age and his causal implication in the victim’s death. The questions that he raises are confined to the issue of intent.
The absence of an express judicial finding that the respondent had the requisite intent to cause the death of the victim when he shot him was an unwarranted
This court has repeatedly affirmed the significance of a transfer order in juvenile proceedings. In In re Ralph M., 211 Conn. 289, 302, 559 A.2d 179 (1989), we recognized that the decision whether to issue a transfer order, because it implicates the relinquishment of juvenile jurisdiction, is a “critically important” stage in the adjudicatory process. See Kent v. United States, 383 U.S. 541, 560-61, 86 S. Ct. 1045, 16 L. Ed. 2d 84 (1966). We held that, in conducting the transfer hearing, the court could “hear any evidence that it determines to be reliable, and that is material and relevant to the issue of probable cause.” In re Ralph M., supra, 307. In State v. Torres, 206 Conn. 346, 360, 538 A.2d 185 (1988), we emphasized that, in the transfer process, written findings play an important role in the implementation of the legislative policy of “shielding children from criminal liability except in clearly circumscribed situations.” We there held that, without the requisite judicial findings, a juvenile charged with the commission of murder could not be retained on the regular criminal docket for the prosecution of a charge of manslaughter once it was determined that there was no probable cause to believe that he had committed murder. Id., 358-60.
In light of these holdings, we reject the state’s contention that § 46b-127 would validate a transfer order
Although § 46b-127 requires the trial court to make “written findings” without specifying that the “findings” must be findings of fact, the well-nigh universal linkage of “findings” with “facts” justifies the interpolation of a factual element into the statutory requirement. Such a usage prevails throughout the General Statutes wherever statutes empower judges, administrative hearing officers, or arbitrators to adjudicate contested claims. See, e.g., General Statutes § 3-62f (return of escheated property); General Statutes § 4b-97 (public works arbitration); General Statutes §§ 7-473 (c) and 7-473b (d) (municipal employee labor disputes); General Statutes § 17-43a (d) (termination of parental rights); General Statutes § 22-234 (license suspension); General Statutes §§ 36-484 (f), 36-489 (c) (3), 36-490 (c) and 36-511 (regulation of investment advisors); General Statutes § 38-63 (unfair practices in insurance industry); General Statutes § 38-517 (b) (privacy in insurance contracts); General Statutes § 42-131c (unfair trade practices in trading stamps); General Statutes § 45-6 If (h) (probate termination of parental rights); and General Statutes § 45-328 (e) (guardianship). Our rules of practice similarly distin
Had the trial court failed to make any findings of fact, we would therefore, even now, have to remand this case for the articulation that the respondent had earlier sought to obtain. The record before us, though undesirably sparse, nonetheless is sufficient to warrant an inference about the factual underpinnings of the court’s transfer order. We can deduce that an experienced trial court judge would not have found probable cause to believe that the respondent had committed murder without having impliedly found that the respondent had the requisite criminal intent to do so. The findings that the court made with respect to causality lend factual support to this conclusion. The court determined that there was probable cause to believe that the respondent killed the victim with a gun shot to the head after an argument about money. These findings could have been expressly relied upon to support a finding of probable cause to believe that the respondent specifically intended to kill the victim.
The deficiencies in the trial court’s formal written findings could in any case have caused no harm to the respondent because, despite his contention to the contrary, the record establishes a sufficient evidentiary foundation for the trial court’s implied conclusion that there was probable cause to believe that the respondent specifically intended to cause the death of the victim. Although it must transcend mere speculation, the evidentiary standard for probable cause is, of course, less demanding than that which is required to sustain a conviction at trial. State v. Patterson, 213 Conn. 708, 720, 570 A.2d 174 (1990); State v. Mitchell, 200 Conn. 323, 336, 512 A.2d 140 (1986); see also Brinegar v. United States, 338 U.S. 160, 176, 69 S. Ct. 1302, 93
■ Applying the appropriate standard for proof of probable cause to the evidence produced at the respondent’s transfer hearing, we have no doubt that the trial court properly concluded that the respondent specifically intended to kill his victim. The evidence demonstrates a close fit with the criteria enumerated in State v. Zdanis, supra. The respondent had a deadly weapon, which he fired at the victim’s head, at close range, after taking hold of the victim by his shirt. The shooting followed a heated argument about money. In addition, the respondent was seen fleeing the scene immediately after the shooting. Although the respondent introduced other evidence suggesting that the shooting might have been accidental or unpremeditated, the trial court was entitled to resolve the assessment of the credibility of this testimony in favor of the state. State v. Patterson, supra, 720-24.
The judgment is affirmed.
In this opinion Callahan, Glass and Covello, Js., concurred.
General Statutes § 46b-127 provides in relevant part that “[t]he court shall transfer to the regular criminal docket of.the superior court from the docket for juvenile matters: (1) Any child referred for the commission of a murder under sections 53a-54a to 53a-54d, inclusive, provided any such murder was committed after such child attained the age of fourteen years .... No such transfer shall be valid unless, prior thereto, the court has made written findings, after a hearing, that there is probable cause to believe that the child has committed the act for which he is charged. An order by the court under this section transferring a child from the docket for juvenile matters to the regular criminal docket of the superior court shall be a final judgment for purposes of appeal.”
The transfer provisions of General Statutes § 46b-127 pertain only to a child who has “attained the age of fourteen years.”
Given our holding today that the statutory provision requiring written findings as a prerequisite for the transfer of a juvenile to the adult erimi
The respondent also moved for a stay of the transfer pending the outcome of his appeal. Although the trial court denied that motion as well, this court, sua sponte, stayed the transfer order in accordance with our recent decision in In re Bromell G., 214 Conn. 454, 462-63, 572 A.2d 352 (1990).
Dissenting Opinion
dissenting. I agree with the majority that there was sufficient evidence to support a finding that the respondent intended to kill the victim when he fired his gun at the victim’s head. I also agree that “[t]he absence of an express judicial finding that the respondent had the requisite intent to cause the death of the victim when he shot him was an unwarranted departure from the mandate of [General Statutes] § 46b-127 for ‘written findings . . .’ ” of probable cause.
I disagree, however, with the view of the majority that this court should plaster over this acknowledged disregard of the statute by assuming that the “trial court judge would not have found probable cause to believe that the respondent had committed murder without having impliedly found that the respondent had the requisite criminal intent to do so.” We ourselves embark upon “an unwarranted departure” from the mandate of the statute when we thus ratify the failure of the trial court to make an express finding upon this issue, which presented virtually the only factual dispute at the transfer hearing.
This is not a case in which the respondent has failed to utilize established procedures for clearing up a deficiency in the record before presenting his appeal. He sought a further articulation from the trial court pursuant to Practice Book § 4051, and when that request was denied, he sought relief for that purpose from the Appellate Court and from this court pursuant to Practice Book § 4054 with no greater success. The fact that this court has previously denied his request is no reason to continue to refuse to grant what the majority acknowledges is mandated by § 46b-127, an express finding on the issue of probable cause to believe that the respondent intended to kill the victim as an essential element of the crime of murder.
It is not too late to give the respondent what § 46b-127 entitles him to receive by way of “written
Accordingly, I dissent.