State v. Posey, 161 Wash. 2d 638

Summary

The Washington Supreme Court held that a juvenile acquitted of the enumerated offense that triggered automatic decline of juvenile jurisdiction should be remanded to juvenile court for further proceedings on remaining nonenumerated convictions. The court reversed the adult sentencing jurisdiction ruling but affirmed the exclusion of an e-mail under Washington’s rape shield statute. The conviction was affirmed, and the matter was remanded to juvenile court.

Holdings

1. When a juvenile is acquitted of the enumerated offense that triggered automatic decline of juvenile-court jurisdiction, the remaining nonenumerated charges must be remanded to juvenile court for a decline hearing or juvenile sentencing; the adult court did not retain sentencing jurisdiction over Posey after his acquittal for first degree assault.
2. The trial court did not abuse its discretion by excluding the e-mail because it described only potential prior sexual misconduct or sexual mores and was inadmissible under RCW 9A.44.020; the Washington Supreme Court affirmed the evidentiary ruling.

Questions Presented

1. Whether an adult criminal court retains jurisdiction to sentence a juvenile on remaining nonenumerated charges after the juvenile is acquitted of the enumerated serious violent offense that triggered automatic decline of juvenile-court jurisdiction under former RCW 13.04.030(1)(e)(v)(A) (2000).
2. Whether the trial court abused its discretion under Washington's rape shield statute, RCW 9A.44.020, by excluding an e-mail describing the victim's potential prior sexual conduct and sexual preferences.

Disposition

reversed_and_remanded