Sebastian v. State
| Decision Date | 31 October 1994 |
| Docket Number | No. 94-00335,94-00335 |
| Citation | 885 S.W.2d 882,318 Ark. 494 |
| Parties | Shawn SEBASTIAN, Appellant, v. STATE of Arkansas, Appellee, |
| Court | Arkansas Supreme Court |
Daniel D. Becker, Hot Springs, for appellant.
Vada Berger, Asst. Atty. Gen., Little Rock, for appellee.
Appellant, Shawn Sebastian, appeals an order of the Garland County Circuit Court denying his motion to transfer to juvenile court two Class C felony charges of theft by receiving. This interlocutory appeal is permitted by statute; jurisdiction is therefore properly in this court. Ark.Code Ann. § 9-27-318(h) (Repl.1993); Ark.Sup.Ct.R. 1-2(a)(12). We find no merit to appellant's arguments and affirm the order denying the transfer.
Pursuant to the discretion given in section 9-27-318(c), the prosecutor filed a felony information in circuit court charging appellant with two counts of theft by receiving property valued over $200. The information alleged appellant committed the crimes on February 24, 1994, when he was sixteen years old. The stolen property included a tool box, radar detector, Marlin .22 rifle, and three rods and reels.
Appellant moved to transfer the case to juvenile court. After a hearing on the motion, the circuit court considered all the factors enumerated in section 9-27-318(e) and found inter alia, there was clear and convincing evidence that appellant had a repetitive pattern of adjudicated offenses and that due to his prior history, character traits, and mental maturity, appellant's prospects for rehabilitation within the juvenile system were nonexistent. Accordingly, the circuit court denied the motion to transfer.
As the party seeking the transfer, appellant had the burden of proof to show a transfer was warranted under the statute. Williams v. State, 313 Ark. 451, 856 S.W.2d 4 (1993); Walker v. State, 304 Ark. 393, 803 S.W.2d 502 (1991). Section 9-27-318 provides in pertinent part:
(e) In making the decision to retain jurisdiction or to transfer the case, the court shall consider the following factors:
(1) The seriousness of the offense, and whether violence was employed by the juvenile in the commission of the offense;
(2) Whether the offense is part of a repetitive pattern of adjudicated offenses which would lead to the determination that the juvenile is beyond rehabilitation under existing rehabilitation programs, as evidenced by past efforts to treat and rehabilitate the juvenile and the response to such efforts; and
(3) The prior history, character traits, mental maturity, and any other factor which reflects upon the juvenile's prospects for rehabilitation.
(f) Upon a finding by clear and convincing evidence that a juvenile should be tried as an adult, the court shall enter an order to that effect.
The circuit court made its decision to retain jurisdiction after a hearing in which a juvenile court intake officer and juvenile court probation officer testified for the state. Their testimonies revealed that appellant had been involved in the juvenile justice system since October 1992 and that since that time he had had numerous prior adjudications, including probation violations and failures to appear for numerous and multiple charges of criminal impersonation, criminal trespass, burglary, theft by receiving, criminal mischief, and escape. Both witnesses observed that appellant had not been sent to all the programs within the juvenile justice system, including the training school, but opined there were no available programs within the juvenile justice system that would successfully rehabilitate appellant.
In support of the transfer, appellant testified in his own behalf. He stated that he was sixteen years old, unmarried, no longer in school, and working at odd jobs to support his four-month-old baby. He stated his father had attempted to help him with his problems by grounding him and making him work, but admitted his father's attempts had been unsuccessful. Appellant testified that some of the programs outside the juvenile justice system, such as the C-step program or a challenge program, might be successful in rehabilitating him. He also stated the training school might be a viable alternative.
At the conclusion of the hearing, the circuit court announced its findings of fact from the bench. The circuit court stated since two Class C felonies were involved and appellant could potentially face a sentence of imprisonment for ten years on each count, the offenses involved were serious within the meaning of the statute. The circuit court acknowledged there were no allegations of violent acts committed against any persons in the present case, but observed that, since appellant was in possession of a firearm as a result of this crime, there was at least the potential for violence. The...
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...the transfer of a case from one court to another court having jurisdiction over the [juvenile] matter.’ ”); Sebastian v. State, 318 Ark. 494, 495, 885 S.W.2d 882, 883 (1994) (“This interlocutory appeal is permitted by statute; jurisdiction is therefore properly in this court. Ark.Code Ann. ......
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..."is not a factor sufficient in and of itself for a circuit court to retain jurisdiction of a juvenile." Sebastian v. State, 318 Ark. 494, 498, 885 S.W.2d 882, 885 (1994). Cole v. State, 323 Ark. 136, 141, 913 S.W.2d 779, 781-82 (1996) (quoting Holmes v. State, 322 Ark. 574, 911 S.W.2d 256 (......
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