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Hardin v. State

Court of Appeals of Arkansas, Division II

March 30, 2016

DEVIN MICHAEL HARDIN, APPELLANT,
v.
STATE OF ARKANSAS, APPELLEE

          APPEAL FROM THE SALINE COUNTY CIRCUIT COURT. NO. 63CR-15-82A-3. HONORABLE GRISHAM A. PHILLIPS JUDGE.

         J BRENT STANDRIDGE.

         VADA BERGER.

         ATTORNEY GENERAL.

         ROBERT J. GLADWIN, Chief Judge. Harrison and Whiteaker, JJ., agree.

          OPINION

Page 809

          ROBERT 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

Page 810

of his case under the provisions of the Extended Juvenile Jurisdiction Act (EJJA). We affirm.

         I. Facts

         On 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.

         At the 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 ...


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