Butler v. State

922 S.W.2d 685 (1996)

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Nature of the Case

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Facts

A felony information was filed charging D and McClendon with three counts of aggravated robbery, a Class Y felony, and three counts of theft of property, two being Class A misdemeanors and the other being a Class B felony. The charges stem from three separate instances, on July 7, 1994, July 10, 1994, and August 11, 1994, involving D and McClendon robbing three different pizza delivery personnel at gunpoint with the purpose of committing a theft. D was born April 23, 1979, and was thus fifteen years of age at the time of the alleged offenses. After the state filed the felony information, a delinquency petition was filed against D in juvenile court concerning the robbery which occurred on August 11, 1994. The state mistakenly filed the last aggravated robbery incident in juvenile court, not realizing that charges arising out of all three robberies had already been filed in circuit court. The state had also filed an unrelated delinquency petition alleging that D had committed the offenses of residential burglary, Class B felony, and theft of property, Class A misdemeanor, on July 13, 1994. D moved to transfer the charges pending in circuit court to juvenile court. The circuit court conducted a hearing. The court heard from D's parents, D's counselor, Mr. Sanford Tollette, and Detective Todd Armstrong. The facts adduced were that D was having trouble after the divorce of his parents. The counselor affirmed what was said and also concurred with the parents that prison would not be a good place for D. The counselor concluded by saying that D was not a violent person, but when he consumes alcohol, his personality changes completely. Tollette, the director of the alternative classroom program for kids at risk at the Pfeifer camp, felt D was a good kid with a good heart, and that the seriousness of the offenses had made an impression on him. Detective Armstrong gave the details of the crimes. The assailants were armed with a handgun and a shotgun in two of the crimes. The third was done with a rock or brick. D had confessed his participation in two of the three robberies. P also submitted two previous juvenile delinquency petitions into evidence. The circuit court denied D's motion to transfer. D appealed.