Sharpnack, Senior Judge
The State raises one issue, which we restate as: whether the juvenile court erred in denying the State’s petition for the court to waive jurisdiction over C.K. and transfer two cases to adult court.
This appeal involves two juvenile cases but is also related to a criminal case, and we set forth the circumstances of each case in turn. On September 7, 2014, C.K., a fifteen-year-old, allegedly broke into Robert West’s dwelling and stole his property, acts that would constitute Level 4 felony burglary and Level 6 felony theft if committed by an adult. …
Next, on September 29, 2014, C.K., who was still fifteen years of age, allegedly participated in the beating of Caleb Burgess and the theft of his property, an act that would constitute Level 3 felony robbery if committed by an adult. …
On September 5, 2015, after C.K. turned sixteen, he and several companions robbed a pizza delivery person. On September 10, 2015, the State placed C.K. in the Marion County Jail and charged him with two counts of robbery, both Level 3 felonies …
The State referred the matters arising from C.K.’s alleged acts on September 7 and 29, 2014, to the juvenile court … the juvenile court issued a detention order for C.K. … directing that a “juvenile hold” be placed on him. In the order, the juvenile court acknowledged that C.K. was “presently in Marion County Jail on an armed robbery charge.” …
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On December 1, 2015, C.K. appeared in adult court in F3-32250 and pleaded guilty to one count of robbery as a Level 3 felony. … The trial court sentenced him to five years, with three years suspended. C.K. was later transported to the Department of Correction, where he was ultimately placed in the Pendleton Juvenile Center.
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On January 13, 2016, the State filed a motion to waive juvenile court jurisdiction over C.K. …, noting that he was recently convicted of robbery in F3-32250. On February 17, 2016, C.K. filed an objection. After a hearing, the juvenile court denied the State’s motion in both cases. …
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The statute at issue here, Indiana Code section 31-30-3-6 (1997), provides:
Upon motion by the prosecuting attorney, the juvenile court shall waive jurisdiction if it finds that:
(1) the child is charged with an act which would be a felony if committed by an adult; and
(2) the child has previously been convicted of a felony or a nontraffic misdemeanor.
… The key question is whether C.K.’s felony conviction in F3-32250 meets the second statutory criteria of “previously” having been convicted of a felony or a nontraffic misdemeanor.
The State claims that the phrase “previously been convicted of a felony or a nontraffic misdemeanor” includes a felony or nontraffic misdemeanor conviction that was imposed at any time before the State filed its motion for waiver. By contrast, the juvenile court determined, and C.K. argues, that a felony or nontraffic misdemeanor conviction qualifies for purposes of Indiana Code section 31-30-3-6 only if the conviction is imposed before the juvenile commits the act that leads to the filing of a delinquency petition. We agree with the State.
We conclude C.K.’s felony conviction qualified as a prior felony for purposes of Indiana Code section 31-30-3-6. When both elements of the statute have been established, the “juvenile court shall waive jurisdiction.” … As a result, we reverse the juvenile court’s judgment and remand with instructions to grant the State’s petition for waiver.
Reversed and remanded.
May, J., and Pyle, J., concur.