State v. H.O.

Cox, A.C.J.

A trial court’s discretionary decision whether to decline jurisdiction over a juvenile charged with a crime is properly based on the “preponderance of the evidence” standard,1 not the “beyond a reasonable doubt” or the “clear and convincing evidence” standards. The court’s reasoned determination to decline jurisdiction in the juvenile court over H.O.’s case was a proper exercise of discretion. We affirm.

The State charged H.O., four other juveniles, and an adult with first degree murder of Jerry Heimann. H.O. was 13 years old at the time of Heimann’s death and 14 years old at the…