Ellington v. State

BOWEN, Presiding Judge.

This is an appeal from the order of the juvenile court of Madison County transferring seventeen-year-old William Eric Ellington to the circuit court for criminal prosecution as an adult on a charge of first degree rape. Ellington argues that the transfer was improper because the motion to transfer was not signed by “the prosecutor.”

Alabama Code 1975, § 12-15-34(a), states: “The prosecutor may, before a hearing on the petition on its merits and following consultation with probation services, file a motion requesting the court to transfer the child for criminal…