Criminal Law: Juvenile Delinquency-Waiver to Trial Court

Defendant appealed the order dismissing his juvenile delinquency case and certifying defendant as eligible to be prosecuted as an adult. Defendant argued that the juvenile division exceeded its authority because defendant’s age alleged in the petition was above the statutory age limit at the time of filing.

Where the statute focused on a juvenile offender’s age at the time of the underlying offense, defendant’s age at the time of the petition did not render him ineligible for dismissal of the delinquency petition.

Judgment is affirmed.

In the Interest of: K.E.H. (MLW No. 79582/Case No. SD37511 – 5 pages) (Missouri Court of Appeals, Southern District, Burrell, J.) Appealed from circuit court, Stone County, Stephens, J.