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In re Jerry J. Jerry Boot and Carlos Julian Cornejo are juveniles charged respectively with murder and kidnapping. Boot and Cornejo now argue RCW Boot and Cornejo also argue if a hearing is not permitted under the amendment, RCW We hold RCW On December 27, , Jerry Julius Boot and his brother Kevin forced a young woman into the back of their car at gunpoint, robbed her, and shot her in the head, killing her.
Jerry Boot was 16 at the time of the offense. Either offense is a "serious violent offense" as defined in RCW 9. Because the charges against Boot come under the purview of RCW On February 14, , Boot moved to have his case transferred to juvenile court for a hearing to determine whether he should be tried as a juvenile. The court denied the motion on May 5, He contended his "case should be remanded to the Superior Court with instructions to remand Mr. Boot's case to the Juvenile Division for a Declination Hearing.
Carlos Julian Cornejo was arrested and charged for his alleged involvement in the robbery of two vehicles and the kidnapping of three men Cruz, Mitchell, and Huston on July 21, 23, and 28, On September 12, , the State filed an amended information charging Cornejo with five crimes: On October 7, , Cornejo moved for dismissal of the two first degree robbery counts. On the same day, he moved to sever the first degree robbery and the kidnapping counts arising on July 21, from the other kidnapping and robbery counts arising on July 23 and 28, pursuant to CrR 4.
On November 29, , the trial court entered two orders. The first order continued Cornejo's trial on the kidnapping charges until resolution of the robbery charges in juvenile court. The second order remanded to the juvenile court the question of whether the juvenile court should exercise jurisdiction over the first degree robbery counts. Subsequently, on May 31, , the court commissioner for the juvenile division of the court entered an order extending jurisdiction over Cornejo for the first degree robbery charges until Cornejo's twenty-first birthday.
Thus, Cornejo is presently awaiting trial on the kidnapping charges in superior court and trial on the robbery charges in juvenile court. In , the Legislature enacted comprehensive changes to state law for the express purpose of deterring violent conduct.
The Legislature amended RCW In the ordinary case, a juvenile who is arrested for a crime comes under the exclusive original jurisdiction of the juvenile court for all proceedings enumerated in RCW The statute enumerates the prerequisites, based on age and the seriousness of the offense, under which the juvenile court may decline jurisdiction.
The trial court must weigh these factors in deciding whether adult or juvenile court jurisdiction is appropriate. Before the amendment at issue here, both Cornejo and Boot would have been entitled to a declination hearing in the juvenile court before their cases could come under the jurisdiction of the adult criminal court. I One or more prior serious violent offenses; II two or more prior violent offenses;[] or III three or more of any combination of the following offenses: Any class A felony, any class B felony, vehicular assault, or manslaughter in the second degree, all of which must have been committed after the juvenile's thirteenth birthday and prosecuted separately.
In such a case the adult criminal court shall have exclusive original jurisdiction. This addition to the Basic Juvenile Court Act is a reflection of the Legislature's expressed intent to address youth violence by increasing the "severity and certainty of punishment for youth and adults who commit violent acts.
The Legislature here clearly determined to increase the punishment for youthful offenders for the most serious violent crimes by statutorily expanding the jurisdiction of the adult criminal court over and year-olds who commit such crimes without a hearing in juvenile court under RCW Although the specific language of RCW To accept such a reading, we would have to disregard the simple, unmistakable, imperative language of the statute, as well as the Legislature's express intent to increase the severity and certainty of punishment for youth who commit violent acts.
The statute vests exclusive original jurisdiction with the adult criminal court, and gives us no latitude to vest jurisdiction elsewhere. The statute does not contemplate declination hearings, and they would serve no purpose in light of the legislative decision to vest exclusive original jurisdiction in the adult criminal court. Moreover, once an adult court exercises jurisdiction over a youthful offender, the juvenile court no longer has jurisdiction over that youth.
This Court said in State v. Thus, under Boot's reading, it is not enough that a young person commit a serious violent offense to trigger adult court jurisdiction; the young person must also have a criminal history as defined in subsection B. Because youth are otherwise entitled to a hearing on their criminal history, he argues, the hearing must somehow extend to all issues.
He concludes because he has no criminal history, the new statute does not apply to him. Boot offers no authority for his interpretation, either from the legislative history or from the rules of statutory construction. We decline to adopt Boot's analysis. Moreover, the statute unambiguously places the qualifying "and" clause squarely and only in subsection B. The statute provides two ways to trigger adult court jurisdiction: Boot's reading would collapse B into A and render meaningless the statute's distinction between serious violent offenses and violent offenses.
Because Boot is charged with a serious violent offense, he falls under adult court jurisdiction automatically. This might be a valid argument were it not for the remaining phrase of RCW The statute reads in its entirety as follows:. The italicized phrase defeats Cornejo's argument. Cornejo is "otherwise under adult court jurisdiction" pursuant to the changes to the statute. Department of Licensing v.
The Legislature set up "exclusive original jurisdiction" in adult court over juveniles 16 or 17 years of age who committed the enumerated violent offenses. Because adult court jurisdiction is "exclusive" in these cases, the Legislature provided neither for a juvenile court hearing under RCW We hold, therefore, the statutory imposition of adult court jurisdiction over the youthful offenders enumerated in RCW In our recent decision in Washington Fed'n of State Employees v.
With respect to the title of the law, "this court has long recognized that a general title consisting of a few well-chosen words, suggesting the general subject stated, is all that is necessary to comply with the constitutional provision. Although this omnibus law covers a variety of subjects, they are all related to its stated purposes, which are to:.
Laws of , 1st Sp. The title of this bill meets the constitutional test. Cornejo and Boot also argue that because the Act covers so many wide-ranging subjects, it violates the constitutional directive forbidding bills containing more than a "single subject.
We have used the "rational unity" test to determine if a bill contains a single subject. Although we have found only nine violations of the "single subject" rule since , Id. The principal allegedly "non-germane" sections of the Act cited by Cornejo and Boot are sections other than the amendments to RCW They do not contend RCW Moreover, a severability clause preserves the validity of the statute despite any invalidation of other sections of the Act.
The Legislature found it necessary to combine diverse provisions into a single omnibus act to address a single problem in a comprehensive way. See also State v. Here, the Act is an omnibus bill, the stated purpose of which is to address a single problem, violence prevention, in a comprehensive manner.
The Act meets the rational unity test of art. Cornejo but not Boot argues the Eighth Amendment is violated if he is committed to the adult criminal court without the benefit of a hearing. City of Spokane v. Before any scrutiny of a punishment under Eighth Amendment standards can occur, however, there must be a punishment. Neither Cornejo nor Boot has even stood trial yet, let alone been sentenced. Thus, neither one has been punished.
The Eighth Amendment question will not ordinarily be ripe for adjudication until Cornejo and Boot are actually sentenced. First Covenant Church of Seattle v. Cornejo does not argue and offers no authority for the proposition that either vesting adult court jurisdiction over him without a hearing or trying him as an adult amounts to an unconstitutional punishment.
The only possible Eighth Amendment issue before the court now is the claim adult court jurisdiction in and of itself is punishment. Neither Boot nor Cornejo has asserted as much, but, plainly, while the juvenile court's ability to punish them will end at their twenty-first birthdays, the adult criminal court is capable of assessing much longer sentences.
Yet, the parties advance no support for such an assertion. Should they, they would have to contend with the contrary holding of State v. Both Cornejo and Boot claim their Fourteenth Amendment right to due process is violated when they are assigned to adult court without a hearing.
Cornejo also argues the new statute deprives him of procedural due process as well as substantive due process. Juveniles charged with crimes have a right to procedural due process.
In re Gault, U. This right does not translate necessarily into a right to a hearing on juvenile court jurisdiction. Only when the courts have discretion by statute to assign juvenile or adult court jurisdiction for a particular juvenile does the right to such a hearing attach. United States, U. Implicit in their argument they have a constitutionally protected right to a hearing is the assumption Boot and Cornejo have a right to be tried as juveniles. Thus, the new statute does not deprive Cornejo and Boot of any constitutionally protected right merely by conferring adult criminal court jurisdiction over them without a hearing.
Cornejo argues the new statute deprives him of substantive due process by taking away his "substantive constitutional right to punishment in accordance with one's culpability, which in turn, depends, in part, on one's ability to make reasoned adult judgments about the consequences of one's acts. Relying chiefly on Thompson v. In Thompson, the Supreme Court held "the Eighth and Fourteenth Amendments prohibit the execution of a person who was under 16 years of age at the time of his or her offense.
The following term, however, the Supreme Court held in Stanford v. Thompson involved a year-old sentenced to death. Neither Cornejo nor Boot has been sentenced to death, and both were 16 when the crimes for which they are accused occurred.
Moreover, the Supreme Court in Stanford, decided the year after Thompson, upheld the imposition of a death penalty on a year-old.
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