Opinion
NUMBER 2013 KW 0572
04-25-2013
STATE OF LOUISIANA IN THE INTEREST OF D.B.
In Re: State of Louisiana, applying for supervisory writs, Juvenile Court, Parish of East Baton Rouge, No. 103598.
BEFORE: WHIPPLE, C.J., McCLENDON AND HIGGINBOTHAM, JJ.
WRIT GRANTED. The State presented sufficient evidence to prove by "clear and convincing" evidence that there is no substantial opportunity for the juvenile's rehabilitation. Thus, the juvenile court abused its discretion in denying the motion to transfer. See La. Ch. Code art. 362(2)(a-f); State v. Wilkerson, 96-1965 (La. App. 1st Cir. 11/07/97), 704 So.2d 1, writ denied, 97-3038 {La. 4/3/98), 717 So.2d 646. The juvenile court's ruling granting the juvenile's motion to transfer is reversed, and this matter is remanded for transfer to the district court.
PMc
VGW
Higginbotham, J., dissents. I do not find that the juvenile court abused its discretion in denying the motion to transfer. See State v. Wilkerson, 9 6-1965 (La. App. 1st Cir. 11/07/97), 704 So.2d 1, writ denied, 97-3038 (La. 4/3/98) 717 So.2d 646. COURT OF APPEAL, FIRST CIRCUIT __________
DEPUTY CLERK OF COURT
FOR THE COURT