Mayne v. State
Decision Date | 02 July 1982 |
Citation | 416 So.2d 741 |
Parties | Danny Ray MAYNE v. STATE of Alabama. 80-874. |
Court | Alabama Supreme Court |
Fred Ray Lybrand, Anniston, for appellant.
Charles A. Graddick, Atty. Gen., and Rivard D. Melson, Asst. Atty. Gen., for appellee.
Danny Ray Mayne, a juvenile, appeals from an order of the circuit court transferring him to that court for criminal prosecution as an adult and ordering that he be bound over to the grand jury for further investigation of a pending charge against him of the offense of rape in the first degree. He contends the evidence presented at the hearing on the motion to transfer was insufficient to warrant a finding of probable cause based on the requirements of § 12-15-34, Code 1975.
On 17 June 1981, the State filed a motion to transfer requesting that Danny Ray Mayne be transferred to Calhoun County Circuit Court for treatment as an adult. On 20 July 1981, after a hearing on the motion, the court issued an order to transfer. The circuit court's order, in pertinent part, is as follows:
We affirm.
Code 1975, § 12-15-34(d), requires a transferring court to consider evidence of six specific (and other relevant) factors in determining whether a motion to transfer should be granted. Those factors which that court must consider are:
The written order of the circuit court in this case is in full compliance with § 12-15-34(d) as construed by this court in Young v. State, 387 So.2d 825 (Ala.1980); McKinney v. State, 404 So.2d 639 (Ala.1981). There is no requirement that the transferring court make a specific finding on each of the six factors to be considered under § 12-15-34(d), only that the order contain some statement that those factors were considered in order that the appellate courts can make a determination that the requirements of the statute have been met. Young, supra; Kent v. United States, 383 U.S. 541, 86 S.Ct. 1045, 16 L.Ed.2d 84 (1966).
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D.M.M. v. State
...has previously held that a transfer order containing a mere restatement of the factors set out in the statute is valid." Mayne v. State, 416 So.2d 741, 742 (Ala.1982). See also Taylor v. State, 507 So.2d 1034, 1037 (Ala.Cr.App.1987). The order in this case meets all the statutory requiremen......
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Whisenant v. State, 8 Div. 948
...consideration of each of the factors enumerated in Section 12-15-34(d). Gulledge v. State, 419 So.2d 219 (Ala.1982); Mayne v. State, 416 So.2d 741 (Ala.1982); Bragg v. State, 416 So.2d 715 (Ala.1982); McKinney v. State, 404 So.2d 639 (Ala.1981). While "legislation compels consideration of e......
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R.L.B. v. State
...has previously held that a transfer order containing a mere restatement of the factors set out in the statute is valid." Mayne v. State, 416 So.2d 741, 742 (Ala.1982). See also Taylor v. State, 507 So.2d 1034, 1037 (Ala.Cr.App.1987). The order meets all statutory requirements and reflects t......
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Ex parte J.R.
...interfere with a lower court's order transferring a juvenile to circuit court unless that order is clearly erroneous." Mayne v. State, 416 So.2d 741, 742 (Ala.1982). "The question involved on such review is not whether the reviewing court would reach a different conclusion, but whether the ......