2013 Ark. App. 513
Ark. Ct. App.2013Background
- In April 2011, J.A.C., then sixteen, was charged in Yell County with first-degree terroristic threatening (Class D felony); the information was later amended to add criminal possession of explosives (Class B felony).
- Counsel moved to transfer the case to juvenile court; the transfer hearing was held and the trial court denied the motion by order filed November 29, 2012.
- J.A.C. appealed the denial, arguing the trial court failed to make written findings on each factor listed in Ark. Code Ann. § 9-27-318(g) and the written-findings requirement of § 9-27-318(h)(1).
- The appeal raises a technical statutory-compliance claim about the trial court’s failure to state findings required by statute.
- The Court of Appeals declined to reach the merits because J.A.C. did not raise the statutory-noncompliance argument below, so the issue was not preserved for appeal.
- The appellate court affirmed the transfer-denial order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court complied with Ark. Code Ann. § 9-27-318(g) and (h)(1) by making written findings on each transfer factor | J.A.C.: trial court failed to make the required written findings on each enumerated factor | State: trial court’s order need not be disturbed because defendant failed to preserve the statutory-noncompliance argument below | Affirmed: issue not preserved for appeal because J.A.C. did not raise the statutory-noncompliance objection in the trial court |
Key Cases Cited
- T.S.C. v. State, 2012 Ark. App. 606 (affirming transfer order where statutory-noncompliance argument was not raised below)
- Williams v. State, 96 Ark. App. 160 (239 S.W.3d 44) (2006) (statutory-noncompliance in transfer orders not preserved if not raised at trial)
- Box v. State, 71 Ark. App. 403 (30 S.W.3d 754) (2000) (right to written findings in transfer proceedings can be waived by failure to timely object)