J.A.C. v. STATE OF ARKANSAS
No. CR-12-1056
ARKANSAS COURT OF APPEALS
September 18, 2013
2013 Ark. App. 513
DIVISION I
V.
STATE OF ARKANSAS APPELLEE
Opinion Delivered September 18, 2013
APPEAL FROM THE YELL COUNTY CIRCUIT COURT, NORTHERN DISTRICT [No. CR-2012-25]
HONORABLE JOHN W. COLE, JUDGE
AFFIRMED
LARRY D. VAUGHT, Judge
On April 5, 2011, J.A.C. was charged by information in Yell County, Arkansas, with first-degree terroristic threatening, a Class D felony. The information was later amended to include the charge of being a criminal in possession of explosives, a Class B felony. Both crimes were alleged to have been committed in December 2011, at which time J.A.C. was sixteen years old. Counsel for J.A.C. moved to transfer the case to juvenile court, and following a hearing, the trial court denied the motion to transfer in an order filed November 29, 2012. J.A.C. appeals from this order,1 arguing that the trial court erred by failing to make a written finding of each of the
On appeal, J.A.C. advances a technical argument—that the trial court erred in failing to comply with
We are unable to reach the merits of J.A.C.‘s argument because it was not raised below. T.S.C. v. State, 2012 Ark. App. 606, at 3–4 (affirming the trial court‘s juvenile-transfer order despite appellant‘s argument of statutory noncompliance because the argument was not raised below); Williams v. State, 96 Ark. App. 160, 162, 239 S.W.3d 44, 46 (2006) (holding that appellant‘s argument—the technical, statutory noncompliance of the trial court‘s juvenile-transfer order—was not preserved on appeal because he failed to raise it below); Box v. State, 71 Ark. App. 403, 30 S.W.3d 754 (2000) (stating that the right of a defendant to written findings in a transfer case, like any other procedural right, can be waived by failure to timely object; in order to preserve an argument on appeal, there must be an objection to the trial court that is sufficient to apprise the trial court of the particular error alleged, so that the trial court has an opportunity to correct the error). Because J.A.C. failed to argue below that the trial court did not comply with the statutory mandates of
Affirmed.
PITTMAN and WALMSLEY, JJ., agree.
Crumpton & Collins, P.A., by: Greg Crumpton, for appellant.
Dustin McDaniel, Att‘y Gen., by: LeaAnn J. Adams, Ass‘t Att‘y Gen., for appellee.
