D.D.R. v. State

420 S.W.3d 494, 2012 Ark. App. 329, 2012 Ark. App. LEXIS 446
CourtCourt of Appeals of Arkansas
DecidedMay 9, 2012
DocketNo. CA CR 11-1202
StatusPublished
Cited by22 cases

This text of 420 S.W.3d 494 (D.D.R. v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
D.D.R. v. State, 420 S.W.3d 494, 2012 Ark. App. 329, 2012 Ark. App. LEXIS 446 (Ark. Ct. App. 2012).

Opinion

JOHN B. ROBBINS, Judge.

| Appellant, D.D.R., was charged in the criminal division of circuit court with four counts of aggravated robbery, four counts of theft of property, one count of theft by receiving, and one count of aggravated assault. The crimes were allegedly committed on October 14, 2010, and January 16, 2011, when D.D.R. was fifteen years old. The State sought increased penalties against D.D.R. because the offenses were committed while employing a firearm and while acting in concert with two or more persons. D.D.R. filed a motion to transfer all of the charges to the juvenile division of circuit court, and after a hearing the trial court denied the motion. D.D.R.’s sole point in this interlocutory appeal is that the trial court’s denial of his motion to transfer the case to juvenile court was clearly erroneous. We affirm.

LThe prosecutor charged D.D.R. in the criminal division of circuit court pursuant to Ark.Code Ann. § 9-27-318(c) (Repl. 2009). Upon the motion of the court or any party, the court in which the criminal charges have been filed shall conduct a hearing to determine whether to transfer the case to another division of circuit court. Ark.Code Ann. § 9-27-318(e).

The trial court is required to consider all of the following factors at the transfer hearing:

(1) The seriousness of the alleged offense and whether the protection of society requires prosecution in the criminal division of 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 judge of the juvenile division of circuit court that are likely to rehabilitate the juvenile before the expiration of the juvenile’s twenty-first birthday;
(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.

Ark.Code Ann. § 9-27-318(g). The trial court must make written findings on all ten enumerated factors in deciding whether to transfer the case, Ark. Code Ann. § 9-27-gl8(h)(l),3 but proof need not be introduced against the juvenile on each factor, and the trial court is not required to give equal weight to each of the statutory factors in arriving at its decision. Magana-Galdamez v. State, 104 Ark.App. 280, 291 S.W.3d 203 (2009).

Upon a finding by clear and convincing evidence that the case should be transferred to another division of circuit court, the judge shall enter an order to that effect. Ark.Code Ann. § 9-27-318(h)(2). Clear and convincing evidence is the degree of proof that will produce in the trier of fact a firm conviction as to the allegation sought to be established. Magana-Galdamez, supra. We will not reverse the trial court’s decision in this regard unless it was clearly erroneous. R.M.W. v. State, 375 Ark. 1, 289 S.W.3d 46 (2008). A finding is clearly erroneous when, although there is evidence to support it, the appellate court after reviewing the entire evidence is left with a definite and firm conviction that a mistake has been committed. Id.

Scott Tanner testified for the defense at the transfer hearing. Mr. Tanner coordinates the juvenile-ombudsmen division for the Public Defender Commission. Mr. Tanner gave testimony about the provisions of extended juvenile jurisdiction (EJJ), which is codified at Ark.Code Ann. §§ 9-27-501 to -510 (Repl.2009).

Mr. Tanner stated that an extended juvenile-jurisdiction designation gives juveniles charged with serious offenses rehabilitative options available to the juvenile division of circuit court. Mr. Tanner testified that under the provisions of EJJ, the juvenile division retains jurisdiction until age twenty-one, and that numerous options are available including probation or a commitment to the Division of Youth Services (DYS). When a juvenile is Dcommitted to DYS, he is placed in a structured environment with educational, vocational, and counseling programs geared toward the juvenile’s rehabilitation. The juveniles under the EJJ system are reminded on a daily basis that if they fail to comply with the requirements imposed by the trial court there will be adverse consequences, including the possibility of the imposition of an adult prison sentence.

Three of D.D.R.’s schoolteachers, Kaylie Felty, Brian Tony, and Mindy Williams, all testified on his behalf. These witnesses described D.D.R. as a good, respectful kid who did well in school, but who was impressionable and hung around the wrong crowd. D.D.R. also had a troubled home life with scant evidence of any guidance from his parents. Each of these teachers indicated that they had supported D.D.R. and tried to be positive influences. Ms. Felty testified that she thought that D.D.R. could do well if given the proper guidance, and she recommended that the case be transferred to juvenile court to “open his eyes and help him change his life.” Mr. Tony agreed that D.D.R. should not be tried in adult court, stating that D.D.R. could still be saved and that if sentenced to prison “he definitely would not make it.” Ms. Williams testified that there is hope for D.D.R. and that he could be saved if placed in a positive environment with the right people.

D.D.R.’s paternal grandmother, Erma Ruth Richards, testified that D.D.R. lived with her and her husband about a year and a half ago. She stated that he moved in with them after having behavioral problems in the custody of his mother. Mrs. Richards testified that she never had any problems with D.D.R. when he lived with her and that he abided by their rules. Mrs. Richards stated that if D.D.R. were placed in her custody she would monitor | shim and set rules he would have to follow. She stated that he would be required to attend school and church regularly. Mrs. Richards said that D.D.R. is too young to be with hardened criminals and she thought his case should be in juvenile court with her having custody.

Cheotia Polk, a juvenile-probation officer, testified for the State. Mr. Polk stated that D.D.R.

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Cite This Page — Counsel Stack

Bluebook (online)
420 S.W.3d 494, 2012 Ark. App. 329, 2012 Ark. App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ddr-v-state-arkctapp-2012.