J-2010-653
In OCCA case No. J-2010-653, the appellant appealed his conviction for multiple charges, including arson and assault on a police officer. In an unpublished decision, the court decided to reverse the juvenile court's order certifying the appellant as an adult. Two justices dissented. The appellant, who was around seventeen-and-a-half years old at the time of the incidents, faced serious charges, including arson and endangering human life. The state wanted to treat him as an adult, and a judge agreed to this on June 25, 2010. However, the appellant's defense argued that the state did not provide clear and convincing evidence to support this decision. During the appeal, the court examined whether the evidence justified treating the appellant as an adult. The judges noted that the law allows for such decisions only in exceptional cases, where a child is deemed not able to benefit from rehabilitation provided in juvenile programs. The appellant's side argued that he was receptive to treatment, as shown by his actions post-incident. He was receiving proper medical treatment after struggling with prescription medication and alcohol use, and he was advancing in his rehabilitation efforts. The justices found that the evidence presented showed the appellant was amenable to treatment and could be rehabilitated if kept within the juvenile system. The court emphasized that just because the acts committed were serious does not mean the child should be treated as an adult without proper evidence. Ultimately, the appeal resulted in the reversal of the certification order, meaning the appellant should not be treated as an adult and should be retained in the juvenile system. The dissenting opinions raised concerns about the risks of letting the appellant remain a juvenile, suggesting that not treating him as an adult could endanger the community given the serious nature of his actions. They believed that the judge's original decision should have been upheld. In conclusion, the majority opinion favored rehabilitation over punishment as an adult, highlighting the importance of the juvenile justice system's focus on the potential for reform and supervision.