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BOX v. STATE

11/15/2000

close of the hearing in the instant matter, the trial judge announced he would issue a ruling on the motion to transfer. The ruling was issued in the form of a written order, which is the subject of this appeal. As the present case indicates, a trial judge deciding a transfer case will often announce that a ruling on the motion will be issued at a later time. Thus, the accused cannot know whether the judge will comply with the statutory requirement for written findings until the court issues the ruling. Once the ruling is issued, the only recourse available to the accused is an appeal. Thus, I disagree with the State that appellant failed to preserve his argument that the trial court failed to comply with section 9-27-318.


The order entered by the trial court summarily states " oncurrent jurisdiction (sic) exists because Defendant is at least 16 years of age and the charged (sic) is a felony. This court has
considered the seriousness of the offense, that this offense is a repetitive pattern of violence towards persons, the prior battery, mental maturity and character traits." Because the order does not make specific findings of fact, we can only guess whether the trial court considered the statutory factors.






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