Legal Opinion · Dissent

S.B. v. State

Court of Criminal Appeals of Alabama

Decided December 3, 1993No. CR-92-0873Published

1DissentBowen, Presiding Judge

Section 12-15-34(0, Ala.Code 1975, mandates that “[w]hen a person is transferred for criminal prosecution, the court shall set forth in writing its reasons for granting the motion. ...” This Court has interpreted that section to require that a transfer order must reflect consideration of all six statutory factors listed in § 12-15-34(d). See Jelks v. State, 522 So.2d 11 (Ala.Cr.App.1988); Stubbs v. State, 522 So.2d 9 (Ala.Cr.App.1988).

This cause should be remanded for the preparation of a new order reflecting that the juvenile court considered all six statutory factors set forth in Ala.Code…

2Cases cited4 opinions

  1. Armstrong v. StateSupreme Court of Alabama · 1975
  2. Ex Parte HeltonSupreme Court of Alabama · 1990
  3. Jelks v. StateCourt of Criminal Appeals of Alabama · 1988
  4. Stubbs v. StateCourt of Criminal Appeals of Alabama · 1988

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