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Eagle v. State12/6/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
The appellants in this juvenile transfer case are brothers who were accused of breaking into a home and robbing the occupants while armed with a deadly weapon. The trial court made specific findings of fact relating to the considerations set forth in Ark. Code Ann. § 9-27-318(g) (Supp. 1999) and denied the motion to transfer to juvenile court. This interlocutory appeal followed.
Arkansas Code Annotated § 9-27-318 regulates the transfer of juveniles to circuit court and provides, in pertinent part, that:
(c) A circuit court and a juvenile court have concurrent jurisdiction and a prosecuting attorney may charge a juvenile in either court when a case involves a juvenile:
(1) At least sixteen (16) years old when he engages in conduct that, if committed by an adult, would be any felony; or
(e) Upon the motion of the court or of any party, the judge of the court in which a delinquency petition or criminal charges have been filed shall conduct a hearing to determine whether to retain jurisdiction or to transfer the case to another court having jurisdiction.
(g) In making the decision to retain jurisdiction or to transfer the case, the court shall make written findings and consider all of the following factors:
(1) The seriousness of the alleged offense and whether the protection of society requires prosecution as an extended juvenile jurisdiction offender or in circuit court;
(2) Whether the alleged offense was committed in an aggressive, violent, premeditated, or willful manner;
(3) Whether the offense was against a person or property, with greater weight being given to offenses against persons, especially if personal injury resulted;
(4) The culpability of the juvenile, including the level of planning and participation in the alleged offense;
(5) The previous history of the juvenile, including whether the juvenile had been adjudicated a juvenile offender and, if so, whether the offenses were against persons or property, and any other previous history of antisocial behavior or patterns of physical violence;
(6) The sophistication or maturity of the juvenile as determined by consideration of the juvenile's home, environment, emotional attitude, pattern of living, or desire to be treated as an adult;
(7) Whether there are facilities or programs available to the court which are likely to rehabilitate the juvenile prior to the expiration of the court's jurisdiction;
(8) Whether the juvenile acted alone or was part of a group in the commission of the alleged offense;
(9) Written reports and other materials relating to the juvenile's mental, physical, educational, and social history; and
(10) Any other factors deemed relevant by the court.
(h) Upon a finding by clear and convincing evidence that a juvenile should be tried as an adult, the court shall enter an order to that effect.
A circuit court's decision to retain jurisdiction of criminal charges against a juvenile must be supported by clear and convincing evidence. McClure v. State, 328 Ark. 35, 942 S.W.2d 243 (1997). On appeal, we will not reverse a trial court's determination of whether to transfer a case to juvenile court unless that decision is clearly erroneous. Heagerty v. State, 335 Ark. 520, 983 S.W.2d 908 (1998).
There is no clear error in this case. As the trial judge noted in his findings, there is evidence that Rudolph Eagle, then seventeen years of age, accompanied by Calvin Lee Eagle, then sixteen years of age, kicked in the door of a pr
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