James Booker Jr. v. State

922 S.W.2d 337, 324 Ark. 468, 1996 Ark. LEXIS 322
CourtSupreme Court of Arkansas
DecidedMay 28, 1996
Docket95-327
StatusPublished
Cited by19 cases

This text of 922 S.W.2d 337 (James Booker Jr. v. State) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
James Booker Jr. v. State, 922 S.W.2d 337, 324 Ark. 468, 1996 Ark. LEXIS 322 (Ark. 1996).

Opinions

Donald L. Corbin, Justice.

Appellant, James Booker Jr. appeals the order of the Hempstead County Circuit Court denying transfer of his case to juvenile court. This interlocutory appeal is statutorily provided in Ark. Code Ann. § 9-27-318(h) (Repl. 1993). Jurisdiction is properly had in this court pursuant to Ark. Sup. Ct. R. l-2(a)(12). We find no error and affirm the denial of the motion to transfer.

As provided in section 9-27-318(c), Booker was charged by information in circuit court, alleging that on or about January 14, 1994, he, along with two other juveniles, Mario White and Jay Lee, committed the offense of aggravated robbery, a Class Y felony, in violation of Ark. Code Ann. § 5-12-103 (Repl. 1993). Booker was born December 4, 1977, and was thus sixteen years of age at the time of the alleged offense.

The affidavit of probable cause states that on January 14, 1994, officers of the Hope Police Department responded to a robbery at Harry’s Pawn Shop on South Walnut Street in Hope. Upon their arrival at the scene, officers observed that the owner of the pawn shop, Harry Phillips, had been struck numerous times in the head with an unknown object and knocked unconscious. The victim, Mr. Phillips, who was seventy-six years old at the time, was subsequendy taken to the hospital for treatment. Officers noted that during the robbery, several handguns had been stolen from the pawn shop. Booker was subsequently arrested for the aggravated robbery. Upon Booker’s arrest, police recovered two of the guns stolen from the pawn shop and noticed that Booker wore tennis shoes which matched footprints found at the scene.

Booker moved to transfer his case to juvenile court, and the circuit court conducted a hearing on the motion. The state called two witnesses, Detective Jeffery Neal, of the Hope Police Department, and Larry Johnson, of the Hempstead County Juvenile Probation Office. Booker then took the stand on his own behalf, and also presented testimony from his mother, Mrs. Michelle Booker, and his father, Mr. James Booker Sr.

Detective Neal testified that he had conducted an interview with Booker, during which the boy’s father and attorney were present. Detective Neal stated that Booker informed him that he (Booker) had gone into the pawn shop first, followed by Jay Lee, and that he (Booker) had been the first one to strike the victim. Detective Neal stated that he could not recall if Booker had told him that he had struck the victim with a crescent wrench, however, the detective stated that a crescent wrench was discovered at the scene and appeared to have blood on it. Detective Neal further testified that Booker stated they went to the pawn shop for the purpose of stealing guns. Detective Neal stated that the victim had suffered severe head injuries caused by a blunt instrument, and that a crescent wrench would be considered a blunt instrument.

Larry Johnson took the stand next for the state. Johnson testified that he had known Booker since the juvenile began having behavior problems at school in the seventh grade. Johnson stated that he was not aware of Booker committing any crimes prior to the robbery on January 14, 1994, but that since that time, he knew that Booker was being held at the Youth Services Center in Alexander, Arkansas, after pleading guilty to possessing a firearm. Johnson further stated that also subsequent to his arrest for the aggravated robbery on January 14, 1994, he was aware of Booker’s involvement in another incident involving a firearm. Specifically, Johnson stated that he had been contacted by a man concerning an incident in which Booker and another youth had pulled a gun on the man’s niece. Johnson stated that he had advised the man to contact the police, but was not aware whether the man had done so.

Booker then testified on his own behalf. Booker stated that he was doing well at the Youth Services Center, and that he was learning work skills, such as bricklaying. Booker said that he enjoyed his classes, that he was learning to behave himself, and that he felt he could be rehabilitated. As to the charges facing him, Booker stated that he had not struck the victim and that the robbery had been planned by Mario White and Jay Lee. On cross-examination, Booker stated that he was now telling the truth concerning his participation in the victim’s beating, and that he had lied to Detective Neal in the statement he gave following his arrest.

Booker’s mother then took the stand and stated that Booker was doing well at Alexander, and that his prospects for rehabilitation were good. Booker’s father also testified that he felt his son was doing well at the Youth Services Center, and that his prospects for rehabilitation were good.

At the close of all the testimony, Booker’s attorney moved for additional time to provide the court with letters and reports concerning Booker’s progress at the Youth Services Center. The court granted the motion, and stated it would reserve judgment on the issue of transfer until a later date. The court did, however, address Booker’s motion for a probable-cause hearing, stating that it found there was ample probable cause concerning Booker’s involvement in the aggravated robbery. In its order, the trial court summarily denied Booker’s motion to transfer his case to juvenile court, and this interlocutory appeal followed.

Booker’s sole point on appeal is that the circuit court erred in denying his motion to transfer the charge to juvenile court. In support of this point, Booker argues that the state failed to produce evidence showing that he was involved in a violent offense, or that the offense committed was one of a repetitive pattern of adjudicated offenses, or that appellant was beyond rehabilitation.

We have repeatedly held that the decision of the circuit court denying transfer to juvenile court will not be reversed unless the ruling was clearly erroneous. See, e.g., Williams v. State, 313 Ark. 451, 856 S.W.2d 4 (1993); Vickers v. State, 307 Ark. 298, 819 S.W.2d 13 (1991). Further, we have long recognized that it is the movant’s burden to prove a transfer to juvenile court was warranted under section 9-27-318. Williams, 313 Ark. 451, 856 S.W.2d 4; Pennington v. State, 305 Ark. 312, 807 S.W.2d 660 (1991). This is a burden that Booker has not met.

We recognize that pursuant to section 9-27-318(f), the determination that a juvenile should be tried as an adult must be supported by clear and convincing evidence. See, e.g., Davis v. State, 319 Ark. 613, 893 S.W.2d 768 (1995); Sebastian v. State, 318 Ark. 494, 885 S.W.2d 882 (1994). We have defined clear and convincing evidence as “that degree of proof which will produce in the trier of fact a firm conviction as to the allegation sought to be established.” Cole v. State, 323 Ark. 136, 140, 913 S.W.2d 779, 781 (1996) (quoting Cobbins v. State, 306 Ark. 447, 450, 816 S.W.2d 161, 163 (1991)).

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James Booker Jr. v. State
922 S.W.2d 337 (Supreme Court of Arkansas, 1996)

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Bluebook (online)
922 S.W.2d 337, 324 Ark. 468, 1996 Ark. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/james-booker-jr-v-state-ark-1996.