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State v. Comer

Court of Appeals of Nebraska

August 28, 2018

State of Nebraska, appellee,
v.
Deyvion L. Comer, appellant.

          1. Criminal Law: Courts: Juvenile Courts: Jurisdiction: Appeal and Error. A trial court's denial of a motion to transfer a pending criminal proceeding to the juvenile court is reviewed for an abuse of discretion.

         2. Judgments: Words and Phrases. An abuse of discretion occurs when a trial court's decision is based upon reasons that are untenable or unreasonable or if its action is clearly against justice or conscience, reason, and evidence.

         3. Courts: Juvenile Courts: Jurisdiction. In determining whether a case should be transferred to juvenile court, a court should consider those factors set forth in Neb. Rev. Stat. § 43-276 (Reissue 2016). In order to retain the proceedings, the court need not resolve every factor against the juvenile, and there are no weighted factors and no prescribed method by which more or less weight is assigned to a specific factor. It is a balancing test by which public protection and societal security are weighed against the practical and nonproblematical rehabilitation of the juvenile.

         4. Courts: Juvenile Courts: Jurisdiction: Proof. In a motion to transfer to juvenile court, the burden of proving a sound basis for retaining jurisdiction in county court or district court lies with the State.

         5. Courts: Juvenile Courts: Jurisdiction: Evidence. When a district court's basis for retaining jurisdiction over a juvenile is supported by appropriate evidence, it cannot be said that the court abused its discretion in refusing to transfer the case to juvenile court.

          Appeal from the District Court for Douglas County: W. Russell Bowie III, Judge.

          Thomas C. Riley, Douglas County Public Defender, and Korey T. Taylor for appellant.

          [26 Neb.App. 271] Douglas J. Peterson, Attorney General, and Siobhan E. Duffy for appellee.

          Pirtle, Bishop, and Arterburn, Judges.

          PIRTLE, JUDGE.

         INTRODUCTION

         Deyvion L. Comer was 15 years old when he was charged in the district court for Douglas County with two counts of robbery. His motion to transfer the case to juvenile court was overruled. Comer appeals, assigning error to the denial of the motion to transfer this case to the juvenile court. We affirm.

         BACKGROUND

         On December 1, 2017, Comer was charged with two counts of robbery, both Class II felonies. The charges stemmed from events alleged to have occurred on September 27 and October 24, 2017, in Douglas County, Nebraska. Comer was 15 years old at the time, and the charges were filed in the Douglas County District Court.

         Comer filed a motion to transfer the case to juvenile court on January 25, 2018, and a hearing was held on the motion on January 26. The district court denied the ...


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