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COMMONWEALTH PENNSYLVANIA v. KIRK J. (12/11/81)

filed: December 11, 1981.

COMMONWEALTH OF PENNSYLVANIA,
v.
KIRK J., APPELLANT



No. 1273 Pittsburgh, 1980, Appeal from the Order of the Court of Common Pleas, Juvenile Division, of Mercer County at No. 330 Juvenile 1980.

COUNSEL

William J. Madden, Sharon, for appellant.

Charles S. Hersh, Assistant District Attorney, Mercer, for Commonwealth, appellee.

Wickersham, Beck and Wieand, JJ.

Author: Wickersham

[ 293 Pa. Super. Page 488]

On August 5, 1980, appellant, Kirk J., was found guilty by District Justice Joseph V. Gabany of the following violations of the Vehicle Code: driving a motor vehicle without a license, a summary offense under 75 Pa.C.S. § 1501(a); fleeing or attempting to elude a police officer, a summary offense under 75 Pa.C.S. § 3733(a); and driving an unregistered vehicle, a summary offense under 75 Pa.C.S. § 1301. Fines in the total amount of $425.00 plus costs were assessed. The juvenile then appealed to the Court of Common Pleas of Mercer County.

At the de novo hearing before the court of common pleas the juvenile contended that since he was fifteen years old, section 6303 of the Vehicle Code, 75 Pa.C.S., was not applicable to him. This section states:

Any person over the age of 16 years charged with the violation of any provisions of this title constituting a

[ 293 Pa. Super. Page 489]

    summary offense shall have all the rights of an adult and may be prosecuted under the provisions of this title in the same manner as an adult.

Appellant argued before the court of common pleas that based on this section the court had no jurisdiction to hear this case. The court of common pleas agreed and then transferred the matter into juvenile court by applying section 6322 of the Juvenile Act, 42 Pa.C.S. Section 6322 states:

Except as provided in 75 Pa.C.S. § 6303 (relating to rights and liabilities of minors), if it appears to the court in a criminal proceeding other than murder, that the defendant is a child, this chapter shall immediately become applicable, and the court shall forthwith halt further criminal proceedings, and, where appropriate, transfer the case to the division or a judge of the court assigned to conduct juvenile hearings, together with a copy of the accusatory pleading and other papers, documents, and transcripts of testimony relating to the case.

Following a hearing held by the juvenile court before the Honorable John Q. Stranahan, President Judge of Mercer County, the court entered an order on December 5, 1980, finding appellant guilty of driving a vehicle while unlicensed, driving an unregistered motor vehicle, and fleeing or attempting to elude a police officer. The court imposed a fine of $100.00 and costs upon the juvenile and directed that he pay ...


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