MEL JONES, JR. APPELLANT
STATE OF ARKANSAS APPELLEE
FROM THE PULASKI COUNTY CIRCUIT COURT, FIRST DIVISION [NOS.
60CR-17-3503, 60CR-17-3563, 60CR-17-4233] HONORABLE LEON
William R. Simpson, Jr., Public Defender, by: Clint Miller,
Deputy Public Defender, for appellant.
Rutledge, Att'y Gen., by: David L. Eanes, Jr., Ass't
Att'y Gen., for appellee.
W. GRUBER, Chief Judge.
an appeal from an interlocutory order entered by the Pulaski
County Circuit Court denying Mel Deshun Jones, Jr.'s,
motions to transfer three cases to the juvenile division of
circuit court. All three cases involved charges of theft of
property, two of the three cases involved aggravated robbery,
and one case involved robbery. At the time of the alleged
offenses in each of the three cases, appellant was seventeen
years old. He was eighteen years old when he filed the
motions to transfer and the court entered its order denying
the motions. Appellant argues on appeal that the circuit
court's order denying his motions was clearly erroneous
because it failed to give greater weight to one of his
witnesses regarding his mental, physical, and social history.
We find no clear error and 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). A
defendant charged in the criminal division may file a motion
to transfer to the juvenile division, and the court in which
the criminal charges have been filed must conduct a hearing
to determine whether to transfer the case. 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. Austin v. State, 2017
Ark.App. 114, at 3, 515 S.W.3d 633, 635. The circuit court
shall order the case transferred to another division 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. Vasquez-Sanchez v.
State, 2017 Ark.App. 673, at 8, 536 S.W.3d 628, 633. We
will not reverse a circuit court's determination of
whether to transfer a case unless the decision is clearly
juvenile-transfer hearing, the circuit court is required to
consider all 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 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 desire
to be treated as an adult;
(7) Whether there are facilities or programs available to the
judge of the juvenile division of circuit court that are
likely to rehabilitate the juvenile before the expiration of