In Re the Welfare of L.M.

OPINION

DIETZEN, Judge.

Appellant State of Minnesota challenges the district court’s denial of its motion to designate L.M. as an adult for the charges of aiding and abetting aggravated robbery, conspiracy to commit aggravated robbery, and felony theft, arguing that the court abused its discretion by shifting to the state the burden of rebutting the presumption of certification. We reverse and remand.

FACTS

Respondent L.M. is a Guatemalan native who moved to Sioux Falls, South Dakota, in March 2005 to live with his aunt. L.M. speaks no English and has never attended school. Instead of attending…