[DOWNLOAD] "State v. C.M.B." by In the Court of Appeals of the State of Washington Division One # Book PDF Kindle ePub Free

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eBook details

• Title: State v. C.M.B.
• Author : In the Court of Appeals of the State of Washington Division One
• Release Date : January 08, 2004
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 52 KB

Description

C.B. filed his opening appellants brief challenging the absence of findings of fact and conclusions of law from a juvenile fact- finding hearing. JuCR 7.11(d) requires the prosecution to submit proposed findings of fact and conclusions of law to the juvenile court within 21 days of receiving the juveniles notice of appeal. The notice of appeal was filed March 18, 2004, but the findings were not signed by the juvenile court until August 2004, about two months after C.B.s opening brief was filed. Because the belated findings and conclusions are consistent with the courts oral ruling and there is no showing that the findings were improperly tailored or that C.B. suffered any other prejudice, the late entry of JuCR 7.11 findings does not require reversal of his otherwise valid conviction. State v. Smith, 82 Wn. App. 153, 167, 916 P.2d 960 (1996); State v. Moore, 70 Wn. App. 667, 671-72, 855 P.2d 306 (1993); see State v. Head, 136 Wn.2d 619, 624-25, 964 P.2d 1187 (1998) (burden of proving prejudice resulting from delay in entering CrR 6.1 written findings and conclusions falls on defendant, who must show actual prejudice due to tailoring). The State argues that there has been no prejudice to C.B. for the delay in filing the findings, and C.B. submits no reply brief in contradiction. The conviction is affirmed. The State offers no excuse for its failure to submit findings within the 21 days required by the rule. The delay in this case is very substantial. Late entry of findings of fact and conclusions of law in a juvenile case wastes judicial resources. Their tardy entry necessitated the appeal in this case. Under these circumstances, no costs shall be awarded to the State.

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