State of Utah in the interest of K.W.

Annotate this Case
K.W. v. State. Filed April 1, 1999 IN THE UTAH COURT OF APPEALS


State of Utah, in the interest of K.W.,
a person under eighteen years of age.


State of Utah,

(Not For Official Publication)

Case No. 981488-CA

April 1, 1999

1999 UT App 102 -----

Second District Juvenile, Farmington Department
The Honorable Diane W. Wilkins

Scott L. Wiggins, Salt Lake City, for Appellant
Jan Graham and Marian Decker, Salt Lake City, for Appellee


Before Judges Greenwood, Davis, and Orme.


In its July 6, 1998, order, which K.W. appeals, the juvenile court says that it is reinstating its January 27, 1997, order and committing K.W. "to the custody of the Utah State Division of Youth Corrections for secure confinement until twenty one (21) years of age or legally discharged as provided by law."(1) K.W. appeals this sentence arguing that his probation was revoked without proper notice. We reject K.W.'s assertion that he was on probation, but remand the case for further proceedings.

In November 1997 the juvenile court relinquished jurisdiction over K.W. and did not regain jurisdiction over him until June 1998 when a petition for public intoxication was filed against him. Thus, K.W. could not have been on probation between November 1997 and June 1998 as he argues. Similarly, since the juvenile court relinquished jurisdiction over K.W. for a period to time, it did not technically have the authority to reinstate the January 27, 1997, order. With the filing of the petition for public intoxication, the juvenile court regained jurisdiction over K.W. and had the authority to sentence him on that charge.

Accordingly, the case is remanded to the juvenile court so that it may impose sentence on K.W. for his public intoxication conviction.

Pamela T. Greenwood,
Associate Presiding Judge

James Z. Davis, Judge

Gregory K. Orme, Judge

1. In its January 27, 1997, order, the juvenile court committed K.W. to the custody of Youth Corrections until age 21 or "legally discharged as provided by law," but suspended the sentence "on condition said minor fully complies with all orders of the court and receives no new referrals to court prior to his 18th birthday."