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M.W.B. v. STATE5/24/1996
is response to any treatment efforts. The juvenile court and the majority of this court apparently considered a written warning from a trooper as if it were some type of past treatment effort to which M.W.B. failed to respond; I do not agree with that comparison. The fact that M.W.B. was traveling 10 m.p.h. over the speed limit approximately one week after he received a written warning for speeding does not in any way alter the fact that M.W.B. received no prior treatment or services through the juvenile court, which clearly is what is meant by the statute. The juvenile court described the child's demeanor as "not good," but the probation officer stated that M.W.B. "carried himself well" and that he is generally well liked by his peers at school. The juvenile court found M.W.B. to be physically and mentally mature, but the probation officer stated that he was less mature physically than others his age. The probation officer stated that, because he lacked a juvenile
record and because the deaths were unintended, the child's and community's best interests warranted keeping the matter in juvenile court.
It is certainly true, as the majority states, that the existence of contrary evidence does not preclude a juvenile's transfer to circuit court. However, there must still be evidence that clearly convinces this court that it is in the best interests of M.W.B. or the public that M.W.B. be transferred. That standard cannot be met here. The lack of a juvenile record, the lack of prior treatment efforts, and the nature of the crime can only, in my opinion, militate against a transfer. The contradicting evidence on the remaining factors further demonstrates that the evidence as a whole does not satisfy the clear and convincing standard.
I cannot imagine a case more appropriate for adjudication in the juvenile court. In light of the above, I would reverse the lower court's order transferring the cause for prosecution in circuit court. Therefore, I respectfully dissent.
COBB, Judge, concurring in part, dissenting in part.
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