Before Sullivan, P.j., Banks And Mills, JJ.
The opinion of the court was delivered by: Mills, Justice, For The Court:
THIS OPINION IS NOT DESIGNATED FOR PUBLICATION AND MAY NOT BE CITED, PURSUANT TO M.R.A.P. 35-A
DATE OF JUDGMENT: 09/16/96
TRIAL JUDGE: HON. L. BRELAND HILBURN, JR.
COURT FROM WHICH APPEALED: HINDS COUNTY CIRCUIT COURT
BY: DEWITT. T. ALLRED, III
DISTRICT ATTORNEY: EDWARD J. PETERS
NATURE OF THE CASE: CRIMINAL - FELONY
Brian Scott Burns was fourteen years old when he was charged with burglary of an occupied dwelling, attempted rape and aggravated assault. His initial criminal hearing was held in the Hinds County Youth Court on October 23, 1995. The youth court Judge heard testimony from both Burns' youth court counselor and the officer who investigated the crime. The officer testified that Burns' fingerprints had been identified at the scene of the crime, and that the complaining witness, Ms. Degroote, had picked him out of a police lineup.
On the issue of whether to transfer Burns' case to circuit court to be tried as an adult, Burns' youth court counselor testified regarding the youth's criminal record and educational level. Her recommendation was that Burns remain in the youth court system because the youth court system had not been active enough in his rehabilitation. Additionally, she stated that it would not be fair to transfer Burns' case into the adult system due to his youthful age.
After both sides rested, the youth court Judge determined,
This is a difficult case. One thing is for sure, this is a serious charge. I can't minimize in any way this charge. I will also make this observation. In about the last eight or ten years, our penal system at Mississippi State Penitentiary in Parchman and every satellite program has been geared to dealing with youthful offenders. In the event of his conviction, I think we will have another opportunity to do that.
But I'm not going to send him straight to the adult system. He's got two charges here today, as you are aware. I'm going to send him to the training school on the first charge, and then let the case be submitted to the grand jury. So in the event they indict him, he will go ...