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APPEAL
FROM THE MILLER COUNTY CIRCUIT COURT [NO. 46JV-17-35],
HONORABLE KIRK JOHNSON, JUDGE
Robert
M. "Robby" Golden, for appellant.
Leslie
Rutledge, Att’y Gen., by: Chris R. Warthen, Ass’t Att’y Gen.,
for appellee.
OPINION
BRANDON
J. HARRISON, Judge
A.M.
appeals the circuit court’s order that he be adjudicated
pursuant to extended juvenile jurisdiction (EJJ). He argues
that several statutory factors weighed heavily in his favor
and clearly outweighed the factors supporting an EJJ
designation. We affirm the circuit court.
On 3
February 2017, twelve-year-old A.M. was accused of committing
capital murder and aggravated robbery. The State’s petition
explained that A.M. had entered a convenience store, shot the
clerk seven times with a pistol, and taken a vapor cigarette
pack and headphones. That same day, the State also moved for
EJJ designation.
An
"extended juvenile jurisdiction offender" is
defined as a juvenile designated to be subject to juvenile
disposition and an adult sentence imposed by the circuit
court. Ark. Code Ann. � 9-27-303(23) (Supp. 2017). The State
may request an EJJ designation if the juvenile is under
thirteen years of age at the time of the alleged offense and
is charged with capital murder or murder in the first degree.
Ark. Code Ann. � 9-27-501(a)(1) (Repl. 2015). The party
requesting the EJJ designation has the burden to prove by a
preponderance of the evidence that such a designation is
warranted. Ark. Code Ann. � 9-27-503(b) (Repl. 2015). The
circuit court is required to make written findings, and it
must consider the following factors when deciding whether to
designate a juvenile as an EJJ offender:
(1) The seriousness of the alleged offense and whether the
protection of society requires prosecution as an extended
juvenile jurisdiction offender;
(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;
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(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 delinquent and, if so,
whether the offenses were against persons or property and any
other previous history of ...