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Shiels v. State1/29/2003
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 judge of the juvenile division of circuit court which are likely to rehabilitate the juvenile prior to the expiration of the juvenile division of circuit 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 judge.
In its order denying appellant's motion to transfer, the circuit court relied on the first nine factors. At the hearing, the circuit judge noted the seriousness of the offense and gave due consideration to the fact that the offense involved a firearm, was for pecuniary gain, and endangered the life of another. The circuit court's decision on whether to transfer the case to juvenile court will not be reversed unless the decision is clearly erroneous. Witherspoon v. State, 74 Ark. App. 151, 46 S.W.3d 549 (2001).
Appellant argues on appeal to this court that society would be better served if he were prosecuted in the juvenile division of the circuit court with extended juvenile jurisdiction where he could possibly be rehabilitated rather than transferring his case to the criminal division where he will be tried as an adult and could face life without parole. Appellant maintains that he was only fourteen years old at the time of the alleged offense and lacks maturity that could be gained with time and rehabilitative services.
Arkansas Code Annotated section 9-27-318 (c)(2)(A) provides that the criminal division of circuit court and the juvenile division of circuit court have concurrent jurisdiction, and a prosecuting attorney may charge a juvenile in either division when a case involves a juvenile fourteen or fifteen years old when he engages in conduct that, if committed by an adult, would be capital murder. Upon a finding by the criminal division of circuit court that a juvenile age fourteen or fifteen and charged with crimes in subdivision (c)(2) of this section should be transferred to the juvenile division of circuit court, the judge shall enter an order to transfer as an extended juvenile jurisdiction case. Ark. Code Ann. § 9-27-318(i). Therefore, the case cannot become an extended juvenile jurisdiction case unless it is transferred to the juvenile division of circuit court. The trial court must find by clear and convincing evidence that the juvenile should be tried as an adult. Ark. Code Ann. § 9-27-318(h).
There is nothing in the record that would suggest that the circuit judge failed to consider all of the relevant factors in section 9-27- 318(g). The circuit court is not required to enumerate all ten factors in its written findings. See Beulah v. State, 344 Ark. 528, 42 S.W. 3d 461 (2001). The circuit court's failure to specifically mention certain evidence presented by the appellant in its order does not mean that the court ignored the evidence or failed to consider it. Id. We cannot say that the circuit court clearly erred in its decision to retain jurisdiction over this appellant.
Affirmed.
Neal and Roaf, JJ., agree.
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