In Re the Welfare of S.J.G.

RANDALL, Judge (Dissenting).

I respectfully dissent. The state simply failed to prove convincingly that public safety is not served by retaining this proceeding in juvenile court.

As the majority correctly points out, a juvenile court may order a juvenile certified as an adult only if the court finds that the presumption of certification does not apply, and the prosecutor has shown by clear and convincing evidence that retaining the proceeding in the juvenile court does not serve the public safety. Minn.Stat. § 260.125, subd. 2(6)(ii) (1994)(emphasis added). In determining whether public safety…