Case Caption: People of the Virgin Islands in the Interest of : J.P., a Minor.Case Number: SCt.Crim.No.: 2010-0082Date: 02/22/2011Author: Hodge, Rhys S. Citation: Summary:

The Court, applying the traditional rules of statutory construction, holds that the Superior Court may consider juvenile delinquency adjudications that occurred prior to a minor's fourteenth birthday when determining whether to transfer the minor from the Family Division to the Criminal Division pursuant to sections 2508(b)(2) and (b)(3) of title 5 of the Virgin Islands Code. In addition, the Court holds that, because the offense of unlicensed possession of a firearm would be a felony if committed by an adult and the offense of assault in the third degree-for which the minor was previously adjudicated delinquent-is a "violent crime" as defined by section 2508(c), the Superior Court did not err when it found that the minor's transfer to the Criminal Division was mandatory pursuant to section 2508(b)(3).

Attachment: Open Document or Opinion