COMMONWEALTH v. VARIAN (2020)

MEMORANDUM AND ORDER PURSUANT TO RULE 1:28

Following a jury trial in the Juvenile Court, the juvenile was adjudicated a delinquent child on a charge of illegally discharging a BB gun or air rifle, G. L. c. 269, § 12B. On appeal, the juvenile argues that the adjudication of delinquency should be vacated because the Juvenile Court lacked jurisdiction and because the evidence was insufficient to prove the juvenile's delinquency beyond a reasonable doubt.

On July 12, 2018, the definition of delinquent child under G. L. c. 119, § 52, was amended to exclude from the Juvenile Court's jurisdiction those convicted of a misdemeanor first offense for which the punishment is a fine or incarceration in a jail or house of correction for not more than six months. See St. 2018, c. 69, § 72. Subsequently, the Supreme Judicial Court held that this amended definition of delinquent child applied retroactively to cases pending in the Juvenile Court as of July 12, 2018. See Lazlo L. v. Commonwealth, 482 Mass. 325, 326 (2019). Because this case was pending on July 12, 2018, and the penalty for the illegal discharge of a BB gun or air rifle is a fine of no more than one hundred dollars and confiscation of the BB gun or air rifle, see G. L. c. 269, § 12B, we agree that the Juvenile Court lacked jurisdiction over this offense. The Commonwealth has conceded that there was no jurisdiction in the Juvenile Court and does not oppose vacating the adjudication of delinquency.

For these reasons, the adjudication of delinquency is vacated and the complaint shall be dismissed.

So ordered.

Vacated and dismissed.