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J.F.B. v. State

729 So. 2d 355 (1998)

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J.F.B. v. State

Alabama Court of Criminal Appeals
729 So. 2d 355 (1998)

  • Written by Rose VanHofwegen, JD

Facts

Fifteen-year-old J.F.B. (defendant) was charged with capital murder, robbery, harassment, and disorderly conduct. The juvenile court held a hearing to determine whether J.F.B. should be transferred and tried as an adult. The robbery victim testified that J.F.B. came into his house with two other masked men demanding money and identified J.F.B. as the robber who shot and killed his son. A high-school principal testified that J.F.B. had ranted and cursed when told to leave a football game, and a law-enforcement officer testified that J.F.B. swung at him during the same incident. The judge also reviewed J.F.B.’s prior delinquency record, including some charges for which J.F.B. was not adjudicated delinquent but was sent to a boot camp, committed to state youth services, and placed on probation. J.F.B. did not object to admitting those charges into evidence. The judge emphasized that J.F.B. had not taken advantage of past treatment opportunities and explicitly stated concern over J.F.B. failing to appear in court—at the precise time his crimes occurred. After reciting that the judge had considered all the relevant factors, the order listed the offenses charged, found probable cause to believe the allegations against J.F.B. were true, and ordered J.F.B. transferred to adult court. J.F.B. appealed.

Rule of Law

Issue

Holding and Reasoning (McMillan, J.)

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