FROM THE MILLER COUNTY CIRCUIT COURT [NOS. 46CR-17-737 &
46CR-17-738], HONORABLE BRENT HALTOM, JUDGE.
C. Self, for appellant.
PHILLIP T. WHITEAKER, JUDGE.
appellant, Gregory Dwayne Lewis III, files this interlocutory
appeal of a Miller County Circuit Court order denying his
motions to transfer two cases to the juvenile division of the
circuit court. On appeal, Lewis's counsel has filed a
motion to be relieved as counsel pursuant to Anders v.
California, 386 U.S. 738 (1967), and Rule 4-3(k) of the
Rules of the Arkansas Supreme Court and Court of Appeals,
explaining that an appeal of the transfer decision would be
without merit. The motion is accompanied by an abstract,
addendum, and brief concerning the proceedings related to the
motion to transfer. Counsel explained in the brief that the
only adverse ruling pertinent to this interlocutory appeal
was the denial of the motion to transfer and contended that
there was nothing in the record that would arguably support
an appeal. We agree.
the State filed two separate charges against sixteen-year-old
Lewis in November 2017. In Miller County Circuit Court Case
No. 46CR-17-737, Lewis was charged as an adult with one count
of aggravated assault and two counts of committing a
terroristic act in violation of Arkansas Code Annotated
section 5-13-310(a)(1) (Repl. 2013) (shooting at an occupied
conveyance). In Miller County Circuit Court Case No.
46CR-17-738, Lewis was also charged as an adult with seven
counts of committing a terroristic act in violation of
section 5-13-310(a)(1) (shooting at an occupied conveyance),
twenty-two counts of aggravated assault, and two counts of
filed motions to transfer these matters to juvenile court.
The State responded, arguing that Lewis was charged with very
serious felonies; that the crimes were committed in an
aggressive, violent, premeditated, and willful manner; that
they were crimes against persons; and that Lewis directly
participated in the crimes. After a hearing, the circuit
court denied Lewis's motions to transfer, and Lewis has
appealed. Counsel has requested permission to withdraw
alleging that the appeal has no merit. In considering
counsel's request, we will now consider the law pertinent
to motions to transfer matters from the criminal division of
the circuit court to the juvenile division of the circuit
court, as well as the matters presented to the circuit court
Arkansas law, a prosecuting attorney has discretion to charge
a juvenile sixteen years of age or older in the criminal
division of the 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). However, 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.
Lewis filed such a motion challenging the jurisdiction of the
criminal division of the circuit court over the charges and
alleging that the juvenile division was the more appropriate
jurisdiction. The circuit court then conducted an evidentiary
hearing as required by statute. As the moving party, Lewis
bore the burden of proving that the case should be
transferred. Z.T. v. State, 2015 Ark.App. 282.
circuit court in this case heard evidence that Lewis was only
sixteen years old at the time he was charged with the
offenses and had no significant juvenile history. However,
Lewis was part of an allegedly violent street gang known as
"Had Azz," had participated in and accepted
responsibility for the commission of multiple violent
felonies that occurred on two separate occasions, and his
actions had resulted in two people being shot. The court was
also presented with evidence that during the pendency of the
charges and while Lewis was released on bond, he was detained
by the police for possessing a firearm. A search conducted
during that detention revealed live ammunition in his pocket.
This resulted in a revocation of his bond. Even Lewis's
own mother testified at the hearing that her son was
considered by some to be a leader and that he occasionally
engaged in adult behavior.
juvenile-transfer hearing, the circuit court considered all
the factors required by statute:
(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,