FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46CR-14-535]
HONORABLE CARLTON D. JONES, JUDGE
Burns Law Firm, PLLC, by: Jack D. Burn, for appellant.
Rutledge, Att'y Gen., by: Rachel Kemp, Ass't
Att'y Gen., for appellee.
D. VAUGHT, JUDGE
Byron Jamarr Flowers, appeals the Circuit Court of Miller
County's order denying his motion to transfer his case to
the juvenile division of circuit court. We affirm.
2014, Flowers and a codefendant, Costello Byrd, were charged
with raping a child, R.S., who was under the age of fourteen.
The events were alleged to have occurred in 2009 and 2010.
While the case was pending in the Miller County Circuit
Court, Flowers filed a motion to transfer it to the juvenile
division. On December 10, 2015, the court held a
juvenile-transfer hearing, after which it issued a letter
order denying the motion.
was twenty years old when the charges were first brought
against him in this case. The acts were alleged to have
occurred when the victim was between the ages of three and
six years old, and when Flowers was between the ages of
fourteen and sixteen years old. The victim alleged that
Flowers and Byrd repeatedly raped her vaginally and anally,
causing her to bleed. A sexual-assault examination revealed
four well-healed injuries to her vaginal area that were
consistent with her accounts of the rapes. By the time
Flowers filed his first juvenile-transfer motion, he had
already turned twenty-one. His amended motion was filed after
his twenty-second birthday. At the transfer hearing, an
employee of the Division of Youth Services testified that
there were no programs or facilities available to individuals
who have reached the age of twenty-one. Scott Tanner, a
juvenile ombudsman, testified that the juvenile court loses
jurisdiction when an individual reaches the age of
twenty-one. He also agreed that there are no juvenile
programs available to Flowers due to his age. Flowers's
mother testified that, while he had been an obedient child,
he was currently on probation for a misdemeanor marijuana
conviction. He had worked full time since he was fifteen
years old, purchased his own car at sixteen years old, and
she now considered him an adult.
Code Annotated section 9-27-318(g) (Repl. 2015) sets forth
the factors the circuit court must consider and make written
findings on at a transfer hearing. Those factors are:
(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
so, whether the offenses were against persons or property,
and any other previous history of antisocial behavior or
patterns of physical violence;
(6)the sophistication or maturity of the juvenile as
determined by consideration of the juvenile's home,
environment, emotional attitude, pattern of living, or ...