FROM THE FAULKNER COUNTY CIRCUIT COURT. NO. 23CR-15-287. HON.
TROY B. BRASWELL, JR., JUDGE.
Mary Anne Elenbaas, for appellant.
Gen., Valerie Glover Fortner, David Robert Raupp, for
S. HIXSON, Judge. VIRDEN and BROWN, JJ., agree.
KENNETH S. HIXSON, Judge
April 22, 2015, appellant Andrew Kiser was charged in the
criminal division of circuit court with rape committed
against his ten-year-old stepbrother. At the time the
information was filed, Andrew was seventeen years and nine
17, 2015, Andrew filed a motion to transfer the case to the
juvenile division of circuit court and for an extended
juvenile jurisdiction (EJJ) designation. A hearing on
appellant's transfer motion was held on September 10,
2015. On October 6, 2015, the trial court entered an order
denying Andrew's motion to transfer and for EJJ
designation, making written findings in support of its
now appeals from the order denying his motion to transfer to
juvenile court. On appeal, Andrew argues that the trial
court's denial of his motion to transfer the case and for
EJJ designation was clearly erroneous. We affirm.
Arkansas law, a prosecuting attorney has discretion to charge
a juvenile sixteen years of age or older in the criminal
division of circuit court if the juvenile has engaged in
conduct that, if committed by an adult, would be a felony.
Ark. Code Ann. § 9-27-318(c)(1) (Repl. 2015). On the
motion of the court or any party, the court in which the
criminal charges have been filed shall conduct a hearing to
determine whether to transfer the case to another division of
circuit court having jurisdiction. Ark. Code Ann. §
9-27-318(e). The moving party bears the burden of proving
that the case should be transferred to the juvenile division
of circuit court. Z.T. v. State, 2015 Ark.App. 282.
The trial court shall order the case transferred to another
division of circuit court only upon a finding by clear and
convincing evidence that the case should be transferred. Ark.
Code Ann. § 9-27-318(h)(2). Clear and convincing
evidence is that degree of proof that will produce in the
trier of fact a firm conviction as to the allegation sought
to be established. Z.T., supra. We will not reverse
a trial court's determination of whether to transfer a
case unless the decision is clearly erroneous. Id. A
finding is clearly erroneous when, although there is evidence
to support it, the reviewing court on the entire evidence is
left with a firm conviction that a mistake has been
juvenile-transfer hearing, the trial court is required to
consider all of the following factors:
(1) The seriousness of the alleged offense and whether the
protection of society requires prosecution in the criminal
division of circuit court;
(2) Whether the alleged offense was committed in an
aggressive, violent, premeditated, or willful manner;
(3) Whether the offense was against a person or property,
with greater weight being given to offenses against persons,
especially if personal injury resulted;
(4) The culpability of the juvenile, including the level of
planning and participation in the alleged offense;
(5) The previous history of the juvenile, including whether
the juvenile had been adjudicated a juvenile offender and, if