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Sain v. State5/24/2000
NOT DESIGNATED FOR PUBLICATION
AFFIRMED
This is an interlocutory appeal from an order of the Pulaski County Circuit Court denying appellant's, Andre Sain, motion to transfer all charges against him from circuit court to juvenile court. Appellant raises three points on appeal. He contends that 1) the State failed to present clear and convincing evidence of the serious and violent nature of the charges contained in the information; 2) the trial court's decision that he was beyond rehabilitation was not supported by clear and convincing evidence; and 3) the State failed to prove by clear and convincing evidence that he was beyond rehabilitation under existing rehabilitation programs.
On September 18, 1998, Ruth Smith and her sister, Genevieve Chaney, were standing at the entrance of Ms. Smith's carport. At that time, Ms. Smith testified that appellant and two other teenagers approached her about cutting her grass. She testified that during her conversation with the teenagers, one of them stated, "Give me your purse." The teenager who stood in front of Ms. Chaney put a gun to her head as she attempted to hand over her purse. Ms. Smith testified that one of the teenagers hit Ms. Chaney with a gun, and that Ms. Chaney stumbled and reached for a tree to keep from falling. Ms. Smith testified that appellant pulled at her purse and that she was shoved down on the driveway. Ms. Smith further testified that as she watched her sister stumble to the ground, "something hit on the side of the head and everything turned kind of black." Ms. Smith testified that as a result of being shoved down on her driveway, her glasses were knocked off her face and her elbow and knee were bruised.
On January 7, 1999, appellant was charged as an adult in circuit court with two counts of aggravated robbery, two counts of battery in the first degree, and two counts of theft of property. On February 11, 1999, appellant filed a motion requesting that his case be transferred to juvenile court. In the motion, appellant stated that he was fourteen years of age and that, pursuant to Ark. Code Ann. ยง 9-27-318 (Supp. 1999), the trial court should dismiss his theft of property charges for lack of jurisdiction.
At the transfer hearing, Mandy Limbird, probation officer for the Pulaski County Juvenile Court, testified that she was appellant's probation officer in April 1997 for a breaking and entering charge. Ms. Limbird testified that appellant went to Rivendell, and then to the civilian student training program (C-Step) in June 1997. She testified that appellant was expelled from C-Step and went back to detention and the training school in July 1997. Limbird testified that appellant was charged with terroristic threatening during his stay at C-Step. Appellant was released from training school in early 1998 and was charged with possession of marijuana in January 1998. Limbird testified that appellant was placed on conditions of release through the juvenile court. During his release, appellant was arrested and charged with the present offenses.
On October 19,1998, appellant was adjudicated on the possession of marijuana charge and recommitted to the training school. At that time, the juvenile judge recommended that appellant be committed to the serious-offender program. Limbird testified that appellant has been in the serious offender program since his second commitment in October 1998 and that appellant was at the Wilderness Training Center at the time of the transfer hearing.
Dr. Bob Edwards, a licensed marriage and family therapist, testified that he conducted a clinical evaluation on appellant. He testified that appellant's test score on the MMPI was within the n
Page 1 2 3 4 Arkansas Personal Injury Attorneys
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