Court: Court of Criminal Appeals of Alabama; November 8, 1995; Alabama; State Appellate Court
W.R.C., the appellant, admitted to the unauthorized use of a vehicle, leading to a delinquency adjudication by the juvenile court. A referee subsequently recommended restitution of $1,515. W.R.C. filed a motion for reconsideration and a notice of appeal regarding this recommendation. The juvenile court judge considered these filings as requests for a rehearing, scheduling a hearing that was later continued due to W.R.C.'s request for a delay. When neither W.R.C. nor his attorney appeared at the rescheduled hearing, the judge summarily denied the motion for reconsideration and confirmed the restitution recommendation. W.R.C. then sought to appoint a court reporter for a hearing transcript, which was denied on the grounds that no hearing took place.
W.R.C. appeals the confirmation of the restitution, arguing that he was denied his due process rights by not being present at the hearing, that the juvenile court did not adhere to statutory requirements for rehearings, and that the referee did not inform him of his legal rights. The court analyzed Rule 28 of the Alabama Rules of Juvenile Procedure, which outlines the conditions for direct appeals from juvenile court decisions. It found that neither stipulations regarding legal questions nor certification by the juvenile court were present, and noted that the right to a jury trial did not apply in juvenile cases. Consequently, the direct appeal requirements were not satisfied.
The juvenile court record has not been certified as adequate, and there is an absence of stipulated facts or transcripts of restitution proceedings. The Court has previously addressed compliance with Rule 28 in four cases where it concluded that the requirements were unmet, resulting in remands for appellants to fulfill those requirements or reversals for a trial de novo in circuit court. Consequently, this case is remanded to the juvenile court to determine if the judge can certify an adequate record, if a stipulation of facts exists, or if there are legal questions that can be certified for appeal. If certification is achieved, it must be submitted to this Court. Should the juvenile court find it cannot certify the record or lacks a stipulation of facts, it must provide written findings with reasons. A return to remand is required within 63 days. All judges concur in this decision. Additionally, a note from the Reporter of Decisions indicates that a previous remand order was set aside on March 19, 1996, and the appeal was transferred to circuit court for a trial de novo.
