IN RE JAMES HARTEAnnotate this Case
STATE OF MICHIGAN
COURT OF APPEALS
In the Matter of JAMES HARTE, Minor.
PEOPLE OF THE STATE OF MICHIGAN,
November 6, 1998
Wayne Juvenile Court
LC No. 96-344759
Before: Markman, P.J., and Bandstra and J.F. Kowalski*, JJ.
Respondent pleaded guilty to assault and battery, MCL 750.81; MSA 28.276, before a Wayne
Juvenile Court referee. The referee immediately thereafter moved to the dispositional phase of the
proceedings, made respondent a ward of the state pursuant to the Youth Rehabilitation Services Act,
MCL 803.301 et seq.; MSA 25.399(51) et seq., and ordered his placement at a campus-based
facility. Respondent appeals as of right. We affirm.
The referee did not abuse her discretion by immediately moving to the dispositional phase of the
proceedings where respondent did not object to this move, where the referee acquainted herself with
the circumstances surrounding the offense and the offender through extensive questioning of the victim,
respondent, and respondent’s mother, and where the referee was not required either to order the
preparation of or to consider any specific reports. In re Hardin, 184 Mich App 107, 109-110; 457
NW2d 347 (1990); In re Lowe, 177 Mich App 45, 47; 441 NW2d 15 (1989). Additionally, the
referee’s factual findings were supported by the record, particularly where the record indicates that
respondent’s mother confirmed the accuracy of those findings. Finally, the referee did not abuse her
discretion when she refused to follow the community-based placement recommendation of the
Delinquent Youth Classification matrix. The reasons stated on the record by the referee support her
* Circuit judge, sitting on the Court of Appeals by assignment.
decision not to follow the recommendation. In the Matter of Ricks, 167 Mich App 285, 295-296;
421 NW2d 667 (1988).
/s/ Stephen J. Markman
/s/ Richard A. Bandstra
/s/ John F. Kowalski