FROM THE GARLAND COUNTY CIRCUIT COURT. NO. 26CR-18-538.
HONORABLE MARCIA R. HEARNSBERGER, JUDGE.
M. Littlejohn, for appellant.
Rutledge, Att'y Gen., by: Michael Zangari, Ass't
Att'y Gen., for appellee.
MARK KLAPPENBACH, Judge. GRUBER, C.J., and BROWN, J., agree.
Appellant Fredrick Eugene Scott, Jr., was charged in the
Garland County Circuit Court with terroristic act, a Class Y
felony, and two counts of first-degree battery, Class B
felonies. The circuit court denied Scott's motion to
transfer his case to the juvenile division of the circuit
court, and Scott has now filed this interlocutory appeal from
that order. Pursuant to Arkansas Supreme Court Rule
4-3(k)(1) and Anders v. California, 386 U.S.
738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), Scott's
counsel on appeal has filed a motion to withdraw as counsel
on the ground that the appeal is without merit. The motion is
accompanied by an abstract, addendum, and brief concerning
the proceedings related to the motion to transfer. Counsel
explains in his brief that the denial of the motion to
transfer was the only adverse ruling below and that this
ruling presents no meritorious ground for reversal. Scott has
filed pro se points for reversal, and the State has filed a
Arkansas law, a prosecuting attorney has discretion to charge
a juvenile in either the juvenile or criminal division of the
circuit court if the juvenile is fourteen or fifteen years
old when the juvenile engages in conduct that, if committed
by an adult, would be battery in the first degree or
terroristic act. Ark. Code Ann. § 9-27-318(c)(2) (Repl.
2015). However, a defendant charged in the criminal division
may file a motion to transfer to the juvenile division, and
the circuit court must conduct a hearing to determine whether
to transfer the case. See Ark. Code Ann. §
9-27-318(e). The moving party bears the burden of proving
that the case should be transferred. R.J.W. v.
State, 2017 Ark.App. 382.
deciding whether to transfer the case, the circuit court must
consider and make written findings on all the following
(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,