## Facts

- Fifteen-year-old J.F.B. was charged in juvenile court with capital murder (murder during a robbery), two counts of first-degree robbery, harassment, and disorderly conduct.
- The State moved to transfer J.F.B. to circuit court for adult prosecution under Ala. Code § 12-15-34(a).
- At the transfer hearing, the robbery victim (the father of the homicide victim) testified that three masked men entered his home, demanded money, and took $80 from him and $800 from one of his sons.
- The victim identified J.F.B. as the masked robber who shot and killed his son during the robbery.
- On the harassment and disorderly conduct charges, a high-school assistant principal testified that J.F.B. ranted and cursed when told to leave a football game, and a law-enforcement officer testified that J.F.B. swung at him during the same incident.
- The juvenile judge reviewed J.F.B.’s juvenile history, including prior charges that did not end in delinquency adjudications but did result in placements and supervision (boot camp, commitment to state youth services, and probation).
- J.F.B. did not object to admitting the prior charges and related history at the hearing.
- The juvenile judge stated that past treatment efforts had not worked for J.F.B. and also expressed concern that J.F.B. failed to appear in court at the time the charged crimes occurred.
- The juvenile court found probable cause on the charged offenses and, after the dispositional phase, entered an order transferring J.F.B. to circuit court. J.F.B. appealed the transfer order.

## Issues

1. Whether J.F.B.’s claim that the evidence was insufficient was preserved for appeal when it had been labeled as a “weight of the evidence” argument in juvenile court.
2. Whether the evidence at the transfer hearing supported probable cause that J.F.B. committed capital murder and robbery (and the related misdemeanor charges).
3. Whether the dispositional decision to transfer—based on the statutory factors and the record as a whole—was supported by clear and convincing evidence, including the court’s consideration of prior juvenile matters and treatment history.

## Decision

- The Court of Criminal Appeals held the sufficiency challenge was preserved because the juvenile court was on notice that J.F.B. was contesting evidentiary sufficiency, not merely weight.
- The court affirmed the probable-cause findings, holding the victim’s testimony identifying J.F.B. as the shooter during the robbery was enough for probable cause on capital murder and robbery, and the school-official and officer testimony supported probable cause on harassment and disorderly conduct.
- The court affirmed the transfer order at the dispositional phase, concluding the record supported a clear-and-convincing determination that transfer served the best interest of the child or the public.
- The court rejected claims of error tied to the juvenile court’s use of prior charges and treatment history where the material was admitted without objection and the record showed the court considered the statutory factors.
- The transfer order was affirmed.

## Legal Principles

- A juvenile transfer under Ala. Code § 12-15-34 involves two phases: (1) a probable-cause determination that the juvenile committed the charged offenses, and (2) a dispositional determination—supported by clear and convincing evidence—that transfer is in the best interest of the child or the public.
- Probable cause at a transfer hearing may be established through eyewitness testimony identifying the juvenile and describing the charged conduct; the State need not prove guilt beyond a reasonable doubt at this stage.
- In the dispositional phase, the juvenile court must consider the statutory factors (including the nature of the offense, prior delinquency record, past treatment efforts and the child’s response, and related circumstances). An order need not recite each factor verbatim if the record shows they were considered.
- Where evidence of prior juvenile charges and treatment history is admitted without objection, the juvenile court may consider that history when assessing past treatment efforts and the juvenile’s response to them.
- Appellate review of a transfer order is deferential; a transfer decision will be upheld when supported by legal evidence and not shown to be clearly erroneous or an abuse of discretion.

## Conclusion

The Alabama Court of Criminal Appeals affirmed the juvenile court’s order transferring 15-year-old J.F.B. to circuit court for adult prosecution because the victim’s identification and related testimony supported probable cause for capital murder and robbery, the evidence supported probable cause on the remaining charges, and the record supported by clear and convincing evidence the dispositional finding that transfer served the best interest of the child or the public after consideration of J.F.B.’s prior history and failed treatment efforts.


J.F.B. v. State, 729 So. 2d 355 (1998)