Tubbs v. State

ON REHEARING

McMILLAN, Judge.

The original opinion issued by this court on May 14, 1985, is hereby withdrawn and this opinion substituted therefor.

Appellant, a juvenile, was charged with the crime of murder on April 22, 1983. The charge was later amended to include the offense of capital murder, wherein the murder was committed during the course of a robbery.

On June 7, 1983, the State filed a motion seeking to transfer the appellant to the circuit court for prosecution as an adult. On June 9, 1983, a hearing on the State’s motion was held and, at the close of the hearing, the trial court…