FROM THE PULASKI COUNTY CIRCUIT COURT, FOURTH DIVISION [NO.
60CR-16-3485] HONORABLE HERBERT WRIGHT, JUDGE
Willard Proctor, Jr., P.A., by: Willard Proctor, Jr., for
Rutledge, Att'y Gen., by: Brooke Jackson Gasaway,
Ass't Att'y Gen., for appellee.
KENNETH S. HIXSON, JUDGE.
Lamont Harris appeals from the Pulaski County Circuit
Court's denial of his motion to transfer two of his cases
to the juvenile division of circuit court. Appellant argues
on appeal that the trial court's denial of his motions to
transfer was clearly erroneous. We affirm.
was charged by felony information in case no. 60CR-16-3485
with two counts of aggravated robbery and two counts of theft
of property stemming from an incident that occurred on August
21, 2016. The State further requested that appellant's
sentence be increased pursuant to Arkansas Code Annotated
section 16-90-120 (Repl. 2016) for committing the felonies
while employing a firearm. In case no. 60CR-16-3487,
appellant was charged by felony information with two counts
of aggravated robbery and two counts of theft of property
stemming from an incident that occurred on July 31, 2016.
Thereafter, appellant filed a motion to transfer to the
juvenile division of circuit court in each case on March 20,
2017, and a joint hearing was held on April 25, 2017.
hearing, Detective Julio Gil testified that he had
investigated the incident that occurred on July 31, 2016,
after responding to an alleged robbery with two Hispanic
victims. The victims reported that four black males had
robbed them at gunpoint, taking their cell phones and
wallets. One of the victims was able to provide photographs
of three of the four robbers after recovering a backup from
his iCloud account, which led to appellant's being
developed as a suspect. That victim tentatively identified
appellant from a subsequent photo spread.
Chris Johnson testified that he had investigated a separate
incident that occurred on August 21, 2016, in which two
Hispanic victims had been robbed outside the parking lot of a
nightclub. One of the victims, who only spoke Spanish, was
able to recover photographs of the suspects from his iCloud
account, and that victim positively identified appellant in a
subsequent photo spread.
Promack testified that she is appellant's
juvenile-probation officer. She testified that appellant had
been placed on probation in multiple adjudication cases.
Appellant had been previously adjudicated delinquent for
breaking or entering, criminal mischief, fleeing, and
criminal trespass. Appellant more recently had been placed on
a nonpriority list to attend the C-Step court-ordered
boot-camp program, and appellant's brother had been
attending that program. Promack testified that appellant was
living at home with his mother and that the home was found to
be a suitable home. Appellant's father was accidentally
killed in a shooting incident when appellant was
approximately five years old. Promack further testified that
appellant was sixteen years old at the time of the hearing
and testified regarding the various programs offered if
appellant's cases were transferred to the juvenile
division. She additionally stated that it was her opinion
that appellant could be rehabilitated before juvenile
jurisdiction would expire if the cases were transferred.
Walker, appellant's mother, testified that she has twelve
children. Walker admitted that appellant was charged with his
first juvenile offense in 2012 and continued to have
involvement with the juvenile-justice system thereafter.
Walker testified that she did not believe that her son had
robbed anyone and testified that she did not believe that her
son had a firearm. However, Walker admitted that it was her
son holding a handgun in one of the pictures. Walker further
admitted that appellant was on probation in at least two
other cases and that he had at least three other
adjudications. Walker indicated that she does her best to
take care of appellant but admitted that she could not be
with him 100 percent of the time.
1, 2017, the trial court made written findings in both cases
in virtually identical orders on all of the factors
enumerated in Arkansas Code Annotated section 9-27-318(g)
(Repl. 2015). The following pertinent findings are from the
order entered in case no. 60CR-16-3487:
1. The Defendant is charged with two counts aggravated
robbery and two counts theft of property. These are serious
offenses involving violence. The nature of the offenses and
protection of society would favor prosecution in the criminal
division of circuit court.
2. The offenses charged were committed in a violent and
3. The offenses charged were committed against persons and