Choco v. United States
District of Columbia Court of Appeals
383 A.2d 333 (1978)
- Written by Deanna Curl, JD
Facts
Choco (defendant) was charged with two counts of burglary and four counts of failure to appear for court proceedings. The burglary Choco was charged with took place on April 17, 1975. Before trial, Choco filed a motion requesting that her case be transferred from the criminal division to the family division where juveniles are tried. At the evidentiary hearing, Choco submitted evidence and argued that her birthdate was May 4, 1960, which would have made her 15 years old on the date of the offense. A forensic dentist testified for the prosecution at the hearing that Choco was on the lower end of being between 17 and 20 years old in May 1977, which would have made her as young as 14 on the offense date. Additionally, a pediatric radiologist testified for the prosecution that Choco was over 18 years old in June 1977, which could have made her as young as 15 on the offense date. Following the evidentiary hearing, the criminal-division judge determined that Choco was not a juvenile on the offense date and denied the transfer request. Choco later appealed the denial of her motion to transfer the case.
Rule of Law
Issue
Holding and Reasoning (Nebeker, J.)
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