STATE IN THE INTEREST OF J.F.
A-0392-15T3
In this appeal, the majority affirms the trial court's denial of the State's juvenile waiver application, both for the reasons stated by the trial judge and on the alternate basis that the new higher statutory age requirement of N.J.S.A. 2A:4A-26.1(c)(1), as appropriately applied retroactively, precludes waiver of J.F., who was fourteen years old at the time of the shooting that gave rise to the charges.
Judge Gilson concurs with the majority based on the decision by the trial judge, but opines that this court should not have considered the retroactivity of the age provision in the revised waiver statute because no party raised that issue.
