State v. G. K. S.

“[The juvenile court’s decision to adjudicate] youth on a ground different from, and not subsumed within, the one alleged in the petition without giving youth notice or an opportunity to defend against that allegation [was reversable error.]”

A group of friends were bullying T after school. That escalated into youth and R chasing T through the woods. Youth stopped pursuing T, however R caught up and punched T in the face (“conduct that, if committed by an adult, would constitute fourth-degree assault”).

State petitioned for juvenile court jurisdiction for conduct that, if committed by an adult, would constitute assault in the third degree. Youth asserted that the evidence was insufficient to support that charge (and the state conceded on appeal that the evidence was insufficient for that charge), however the trial court denied the motion to dismiss, asserting jurisdiction for fourth-degree assault based on an aiding and abetting theory. As the court erred in denying that motion, the question on appeal was: what was the proper remedy?

Because the grounds for jurisdiction, fourth-degree assault on an aiding and abetting theory, were based on different elements than the grounds originally charged (elements that youth had no opportunity to defend against), the appropriate remedy was reversal of the judgment.

“Reversed.”