J-2019-578
**IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF OKLAHOMA** S.M.W.B., Appellant, v. No. J-2019-578 THE STATE OF OKLAHOMA, Appellee. **FILED IN COURT OF CRIMINAL APPEALS STATE OF OKLAHOMA** **JAN - 2 2020** **JOHN D. HADDEN, CLERK** **SUMMARY OPINION** **HUDSON, JUDGE:** Appellant was charged as a youthful offender in Caddo County District Court Case No. YO-2019-1 on February 13, 2019, with five counts of Lewd or Indecent Acts to Child Under 12. On March 28, 2019, the State filed a Motion to Impose an Adult Sentence pursuant to 10A O.S.Supp.2018, § 2-5-208. On April 3, 2019, Appellant filed a Motion for Certification to the Juvenile Justice System pursuant to 10A O.S.Supp.2018, § 2-5-206. Following a hearing on these motions, Honorable David Stephens, Special Judge, denied Appellant's motion and granted the State's motion. From this order, Appellant appeals, raising the following issues: 1. THE TRIAL COURT ABUSED ITS DISCRETION BY DENYING CERTIFICATION OF S.M.W.B. AS A JUVENILE; and 2. THE TRIAL COURT ABUSED ITS DISCRETION BY GRANTING APPELLEE'S MOTION TO CERTIFY AS AN ADULT. Pursuant to Rule 11.2(A), Rules of the Oklahoma Court of Criminal Appeals, Title 22, Ch. 18, App. (2019), this appeal was automatically assigned to the accelerated docket of this Court. Oral argument was held on November 21, 2019. After a review of the record and the arguments presented, we find no merit to the propositions of error raised by Appellant. The key issue before this Court is whether the trial court abused its discretion in denying Appellant's motion for certification as a juvenile and granting the State's motion to impose adult sentencing. An abuse of discretion is defined as a clearly erroneous conclusion and judgment that contradicts the logic and effect of the facts. The trial court's decision must be supported by the evidence presented, and our review is limited to the record. Judge Stephens appropriately considered the criteria mandated by Sections 2-5-206 and 2-5-208 of Title 10A, leading us to conclude that the record supports his decision. **DECISION** The order of the District Court of Caddo County denying Appellant's motion for certification as a juvenile and granting the State’s motion for imposition of adult sentencing is **AFFIRMED**. The State's motion to file a properly verified response brief is **GRANTED**, and the Amended Response to Application for Accelerated Docket is ordered to be **FILED** by the Clerk of this Court. Pursuant to Rule 3.15, Rules of the Oklahoma Court of Criminal Appeals, the MANDATE is **ORDERED** issued upon the filing of this decision. **AN APPEAL FROM THE DISTRICT COURT OF CADDO COUNTY, THE HONORABLE DAVID STEPHENS, SPECIAL JUDGE** **APPEARANCES AT TRIAL** **MARK OSBY** P.O. BOX 850126 YUKON, OK 73085 COUNSEL FOR APPELLANT **APPEARANCES ON APPEAL** **ANDREW BENEDICT** CADDO CO. ASST. DIST. ATTY. 110 S.W. 2ND ST. ANADARKO, OK 73005 COUNSEL FOR THE STATE **OPINION BY:** HUDSON, J. **LEWIS, P.J.:** CONCUR IN RESULTS **KUEHN, V.P.J.:** CONCUR **LUMPKIN, J.:** CONCUR **ROWLAND, J.:** CONCUR [**Click Here To Download PDF**](https://opinions.wirthlawoffice.com/wp-content/uploads/J-2019-578_1734445561.pdf)