Opinion
No. 37276-2-II.
February 12, 2009.
Appeal from a judgment of the Superior Court for Pierce County, No. 07-8-01621-7, John A. McCarthy, J., entered December 19, 2008.
Affirmed by unpublished opinion per Armstrong, J., concurred in by Penoyar, A.C.J., and Hunt, J.
The juvenile court found C.J. J. guilty of first degree robbery. He appeals, arguing that two of the juvenile court's findings of fact are not supported by the evidence and that the juvenile court's findings do not address each element of the crime. A commissioner of this court initially considered his appeal as a motion on the merits under RAP 18.14. The commissioner referred the appeal to a panel of judges. We conclude that the evidence supports the juvenile court's findings and that the findings sufficiently address the elements of the crime. Thus, we affirm C.J. J.'s adjudication and disposition.
FACTS
On September 18, 2007, at around 4:00 p.m., 14-year-old Jared Dale was walking down Hume Street in Tacoma. A group of five young men, including 14-year-old C.J. J., were across the street. Dale recognized C.J. J. from having played seventh grade football with him. The group asked him if he had any money. He said no. They told him to empty his pockets. He did, showing that he had an iPod. C.J. J. demanded that Dale give him the iPod. Dale refused. C.J. J. punched Dale in the face, took the iPod, and ran away. Dale was knocked to the ground. Dale's friend, Vince Valerio, saw C.J. J. punch Dale and run away. Dale's parents took him to the hospital at 4:42 p.m. Dale had suffered a broken nose, a black eye, two cracked teeth, and one lost tooth.
The State charged C.J. J. with first degree robbery. Dale and Valerio testified as described above. C.J. J.'s sister testified that C.J. J. and some friends had come to the family home at about 3:30 p.m. on September 18, 2007, that his friends left about 4:00 p.m. and that when she left for work at 4:26 p.m., C.J. J. was still home, cleaning the house. C.J. J.'s mother testified that she called C.J. J. on his cell phone at 4:32 p.m. that day and that he reported he was washing the dishes. C.J. J.'s friend testified that he was with C.J. J. at his house for about 45 minutes and left about 4:00 p.m. C.J. J. testified that he was at home when his mother called him on his cell phone.
The juvenile court found C.J. J. guilty of first degree robbery, making the following pertinent findings of fact:
IV.
Around 4:00 p.m. on September 18th, 2007, Jared Dale was walking in the area of Hume St. S and Ainsworth St. and saw five people, four black males and one white male. Dale knew the white male as "[C]." Mr. Dale knew [C.] because he had played football with him at Keithley Middle School. The respondent yelled across the street asking if Dale had any money. After a negative response the respondent came across the street and demanded Dale show him what was in his pockets. When Dale complied the respondent saw that Dale had an Ipod and demanded Dale give him the Ipod. When Dale told respondent "No" the respondent punched Dale in the head and took the Ipod while the other boys across the street laughed at Dale. After taking the Ipod from Dale, [C.] ran away. Dale was helped up by friend, Vince Valerio. Dale's parents took him to the hospital. Dale was admitted to St. Joseph's [H]ospital at 4:42 p.m. Dale's nose was x-rayed and was fractured and Dale had a black eye. Dale had a tooth broken off at the gum line. Dale testified that the damage resulted from one blow from respondent.
. . . .
VII.
The witnesses for the defense were there to establish an alibi claiming the respondent was somewhere else when the robbery occurred. These witnesses did not come before the court to say they saw what happened, but instead came before the court to establish time. However, after the testimony of the defense witnesses the specificity of time remains unclear.
VIII.
A fractured nose or a fractured tooth is a normal or common occurrence in these types of cases. Two people saw the respondent [C.J.] inflict this brutal blow to Jared Dale's face.
Clerk's Papers at 15-16.
First, C.J. J. argues that the record does not support the juvenile court's finding, in finding of fact VII, that "after the testimony of the defense witnesses the specificity of time remains unclear." He contends that his witnesses were clear as to what times they saw or spoke to C.J. J., that their testimony placed him at his home between 3:30 and 4:32 p.m., and that he could not have committed the robbery at 4:15 p.m. But assuming they were all testifying accurately, only C.J. J.'s sister placed him at home until 4:26 p.m. C.J. J.'s mother only knew that C.J. J. told her at 4:32 p.m. that he was at home. And Dale could only estimate that the robbery occurred at 4:15 p.m. Sufficient evidence supports the juvenile court's finding.
Second, C.J. J. argues that the record does not support the juvenile court's finding, in finding of fact VIII, that "a fractured nose or a fractured tooth is a normal or common occurrence in these types of cases." He contends that the State did not present any evidence to support such a finding. But the court's finding is within the court's common-sense knowledge. Taking the evidence in the light most favorable to the State, a punch strong enough to knock Dale to the ground was strong enough to fracture his nose and tooth. State v. Green, 94 Wn.2d 216, 221-22, 616 P.2d 628 (1980). Sufficient evidence supports the juvenile court's finding.
Finally, C.J. J. argues that the juvenile court's findings do not comply with JuCR 7.11(d), which requires the findings to "state [the] 'ultimate facts as to each element of the crime'" and the evidence upon which the court relied in reaching its decision. State v. Alvarez, 128 Wn.2d 1, 16-17, 904 P.2d 754 (1995) (quoting State v. Pena, 65 Wn. App. 711, 715, 829 P.2d 256 (1992)); State v. Avila, 102 Wn. App. 882, 896, 10 P.3d 486 (2000). He contends that because the findings do not address each element separately, and do not list the evidence relied upon for each element, the findings are inadequate. But JuCR 7.11(d) does not require a separate discussion for each element of the crime. So long as the juvenile court finds the ultimate facts proving each element of the crime and discusses the evidence relied upon, it complies with JuCR 7.11(d). To find C.J. J. guilty of first degree robbery, the juvenile court had to find that he took personal property from the person of Jason Dale, against his will and by the use of immediate force, and in so doing, inflicted bodily injury. RCW 9A.56.190, .200(1)(a)(iii). In finding of fact IV, the court made findings as to each of these elements. And in the remainder of the findings, the court stated the evidence it relied upon. The juvenile court's findings of fact are adequate.
We affirm C.J. J.'s adjudication and disposition for first degree robbery.
A majority of the panel having determined that this opinion will not be printed in the Washington Appellate Reports, but will be filed for public record pursuant to RCW 2.06.040, it is so ordered.
HUNT, J. and PENOYAR, A.C.J., concur.