State v Arot - No. 20120379
The State appeals after the district court dismissed a charge of sexual assault for lack of jurisdiction.
The defendant was charged in district court with three counts of gross sexual imposition. The defendant moved to dismiss, arguing his official birth date is not his real birth date, he was not eighteen at the time of the incidents, and the case belonged in juvenile court. The defendantís father filed an affidavit stating the defendant is a refugee who immigrated to the United States as a child, and the defendant did not have documentation of his birth date when he immigrated to the United States, so he was assigned an arbitrary official birth date in his birth year. The affidavit stated the defendant was born during the dry season, which was in late summer. At the hearing on the motion, several witnesses introduced by the State testified that the defendant had claimed he was eighteen and used the official birth date on various forms. The district court found the State did not show by the preponderance of the evidence that the defendant was eighteen years of age at the time of the alleged crimes, and therefore the district court lacked jurisdiction.
On appeal, the State argues the district court erred by finding the State did not prove the defendant was eighteen at the time of the alleged crimes.