Where the state challenged a judgment that dismissed criminal charges against a defendant, who committed the offenses when he was 17, after finding that the juvenile division had the exclusive authority to adjudicate the charges, the order dismissing the prosecution without prejudice constituted a final, appealable judgment, and the juvenile division did not have the statutory authority to adjudicate the charges because, at the time the defendant committed the alleged offenses, he was considered an adult under the applicable law since new legislation raising the age of majority had not yet become effective.
Judgment is reversed and remanded.
State v. R.J.G. (MLW No. 77508/Case No. SC99034 – 8 pages) (Supreme Court of Missouri, Draper III, J.; all concur) Appealed from circuit court, St. Francois County, Horn, J. (Kristin S. Johnson, Jefferson City, MO for the appellant) (Michael K. Hill and Jeffrey C. Esparza, Kansas City, MO, and Sarah Johnson, St. Louis, MO for respondent).
Where defendant, who allegedly committed three felony offenses at the age of 17, moved to dismiss the state’s prosecution, arguing that the juvenile division had the exclusive authority to adjudicate the charges due to legislation enacted in 2018, the preliminary writ of prohibition is quashed because the legislation was not in effect at the time that the defendant was alleged to have committed the offenses, so the juvenile division lacked authority.
Preliminary writ of prohibition is quashed.
State ex rel. T.J. v. Cundiff (MLW No. 77509/Case No. SC98951 – 11 pages) (Supreme Court of Missouri, Draper III, J.) Original proceeding in prohibition (Jeffrey C. Esparza and Michael K. Hill, Kansas City, MO, and Sarah Johnson, St. Louis, MO for T.J.) (Philip W. Groenweghe, St. Charles, MO for the state).