J.F.B. v. State

729 So.2d 355 (1998)

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Nature of the Case

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Facts

D was charged with murder made capital because it was committed during a robbery; two counts of first-degree robbery; harassment; and disorderly conduct. D appealed from the juvenile court's order transferring him to circuit court to be prosecuted as an adult. At the transfer hearing, Antonio Andrade testified that three masked men, one the same height as D and two taller men, entered his house and demanded money from Andrade and his two sons. Andrade had $80 and one of his sons had $800. Andrade identified D as the assailant who shot and killed his son. Billy Hooper, the assistant principal at Fort Payne High School, testified at the transfer hearing that D ranted, raved, and cursed at him when Hooper told him to leave the stadium during a fight at a high school football game. Officer Chris Graham also testified that, during the same incident, D got louder and reached back to swing at him when he told him to leave. The testimony of Hooper and Graham was sufficient to show that the appellant had probably committed harassment and disorderly conduct. The court then made the following findings: '(1) He was 15 years of age in the cases presented this date. (2) He is charged with the offense(s) of Disorderly Conduct; Harassment; Capital Murder; Robbery, 1st degree and Robbery, 1st degree. (3) There are no reasonable grounds to believe that said juvenile is committable to an institution or agency for the mentally retarded or the mentally ill. (4) The said juvenile cannot be properly disciplined under juvenile law and it would be in the best interest of the community that he be placed under legal restraint and discipline. (5) There is probable cause for believing the allegations of the petition are true and correct.' The court transferred the case and D appealed.