FROM THE SALINE COUNTY CIRCUIT COURT. NO. 63CR-15-82A-3.
HONORABLE GRISHAM A. PHILLIPS JUDGE.
J. GLADWIN, Chief Judge. Harrison and Whiteaker, JJ., agree.
J. GLADWIN, Chief Judge
Appellant Devin Hardin appeals the June 5, 2015 order of the
Saline County Circuit Court that denied his motion to
transfer his case to juvenile court. He argues that the
circuit court erred in denying his motion to transfer his
case to juvenile court or in not designating and disposing
of his case under the provisions of the Extended Juvenile
Jurisdiction Act (EJJA). We affirm.
February 11, 2015, appellant, d/o/b July 5, 1997, was charged
by felony information as an adult in the criminal division of
circuit court with aggravated robbery, a Class Y felony,
terroristic act, a Class B felony, and aggravated assault, a
Class D felony, allegedly committed on December 20, 2014,
when he was seventeen years old. Appellant moved to have the
charges transferred to the juvenile division of circuit
court, for treatment either as a juvenile-delinquency case
or, in the alternative, to have his case disposed of under
the provisions of the EJJA. The State filed a response
opposing the motion, and the case proceeded to a hearing on
June 1, 2015.
hearing, testimony by police officers, juvenile officers, a
Department of Youth Services (DYS) worker, and
appellant's father was presented, and exhibits were
admitted into evidence, including appellant's Family in
Need of Services (FINS) records, juvenile court records, DYS
reports, and documents regarding current charges appellant is
facing as an adult. At the conclusion of the hearing, the
circuit court heard arguments of counsel on the motions and
ruled that both of appellant's pleadings seeking to have
the case resolved in juvenile court as either a
juvenile-delinquency or EJJA case would be denied and that he
could continue to be prosecuted as an adult. A formal order
with written findings denying appellant's motion was
filed on June 5, 2015, and a timely notice of appeal from the
order denying the motions was filed on July 2, 2015.
II.Standard of Review and ...