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COMMONWEALTH PENNSYLVANIA v. STEVEN LUX (04/30/82)

filed: April 30, 1982.

COMMONWEALTH OF PENNSYLVANIA
v.
STEVEN LUX, APPELLANT



No. 891 Philadelphia, 1981, Appeal from the Judgment of Sentence of the Court of Common Pleas of Delaware County, Criminal Division, at No. 3956 of 1980.

COUNSEL

John G. McDougall, Philadelphia, for appellant.

Frank T. Hazel, District Attorney, Media, for Commonwealth, appellee.

Beck, Watkins and Hoffman, JJ. Watkins, J., dissents.

Author: Hoffman

[ 299 Pa. Super. Page 137]

Appellant contends that the juvenile court erred in certifying him to criminal court to stand trial as an adult. Because the record is inadequate to permit our review, we vacate the judgment of sentence and remand for proceedings consistent with this opinion.

[ 299 Pa. Super. Page 138]

A juvenile delinquency petition was filed against appellant alleging that he and two companions had robbed a pizza deliveryboy at rifle-point. The Commonwealth sought to have appellant, then 17 years old, certified to stand trial as an adult in criminal court. Following a certification hearing on July 8, 1980, appellant was certified to criminal court and subsequently convicted of robbery, theft, and conspiracy. The trial court denied appellant's post-trial motions and imposed sentence, prompting this appeal.

Appellant contends that the juvenile court erred in finding him not amenable to treatment, rehabilitation and supervision in the juvenile system.*fn1 Before a juvenile may be transferred to criminal court in a non-capital case, the juvenile court must find that all of the following exist:

(1) The child was 14 or more years of age at the time of the alleged conduct.

(2) A hearing on whether the transfer should be made is held in conformity with this chapter.

(3) Notice in writing of the time, place, and purpose of the hearing is given to the child and his parents, guardian, or other custodian at ...


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