Opinion
No. 67002
10-19-2015
IN THE MATTER OF: JOHN A., A MINOR, JOHN A., Appellant, v. THE STATE OF NEVADA, Respondent.
An unpublished order shall not be regarded as precedent and shall not be cited as legal authority. SCR 123.
ORDER OF AFFIRMANCE
This is an appeal from a juvenile court order certifying appellant, John A. to stand trial as an adult. Eighth Judicial District Court, Family Court Division, Clark County; William O. Voy, Judge.
John A, contends the juvenile court abused its discretion in certifying him because the factors the court considered when weighing certification actually favor retention in the juvenile system. We disagree.
In determining whether a juvenile matter should be transferred to the district court, the juvenile court must consider "first, nature and seriousness of the charged offense or offenses; second, persistency and seriousness of past adjudicated or admitted criminal offenses; and third, what we will refer to as the subjective factors, namely, such personal factors as age, maturity, character, personality and family relationships and controls." In the Matter of Seven Minors, 99 Nev. 427, 434-35, 664 P.2d 947, 952 (1983), disapproved of on other grounds by In the Matter of William S., 122 Nev. 432, 442 n.23, 132 P.3d 1015, 1021 n.23 (2006). The juvenile court enjoys broad discretion when making certification decisions in accordance within those guidelines. In the Matter of Eric A.L., 123 Nev. 26, 33, 153 P.3d 32, 36 (2007). "[T]he dispositive question to be addressed by the court is whether the public interest requires that the youth be placed within the jurisdiction of the adult criminal courts." Seven Minors, 99 Nev. at 434, 664 P.2d at 952.
Here, the juvenile court properly considered the nature and seriousness of the charged offenses, John A,'s lack of prior criminal offenses, and the subjective factors. John A.'s subjective factors included his age as 17, John A.'s difficulty dealing with the recent deaths of family members, substance abuse, available family support, and issues discussed in a psychological examination report. After consideration of that information, the court determined the subjective factors did not outweigh the seriousness of the offenses and public safety would be best served by transferring John A. to the adult system. See id. After review of the record, we conclude John A. does not demonstrate the district court abused its discretion in doing so. Therefore, we
We note the charged offenses included the use of violence and the alleged victim suffered serious injuries. --------
ORDER the judgment of the district court AFFIRMED.
/s/_________, C.J.
Gibbons
/s/_________, J.
Tao
/s/_________, J.
Silver
cc: Hon. William O. Voy, District Judge, Family Court Division
Clark County Public Defender
Attorney General/Carson City
Clark County District Attorney
Eighth District Court Clerk