FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH DIVISION [NO.
60CR-17-1922] HONORABLE WENDELL GRIFFEN, JUDGE
William R. Simpson, Jr., Public Defender, by: Clint Miller,
Deputy Public Defender, for appellant.
Rutledge, Att'y Gen., by: Jason Michael Johnson,
Ass't Att'y Gen., for appellee.
KENNETH S. HIXSON, JUDGE
Zion Woods was charged in the criminal division of circuit
court with three counts of committing a terroristic act and
one count of possession of a handgun by a minor (second
offense), in addition to a firearm enhancement for employing
a firearm in the commission of a felony. Zion was sixteen
years old when the information was filed. Zion's
codefendant K.D., also a minor, was also named as a defendant
in the criminal information.
filed a motion to transfer the case to the juvenile division
of circuit court. K.D. also filed a motion to transfer. After
a hearing on these motions, the trial court entered an order
denying Zion's motion to transfer, making written
findings in support of its decision.
now appeals from the order denying his motion to transfer to
juvenile court. On appeal, Zion argues that the trial
court's denial of his motion to transfer 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. Kiser v. State, 2016 Ark.App. 198,
487 S.W.3d 374. 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. v. State,
2015 Ark.App. 282. 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 committed.
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
so, whether the offenses were against persons or property,
and any other previous history of ...