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Gutierrez v. State

The trial court lacked authority under O.C.G.A. § 15-11-28 b 2 B to transfer the defendant's case to juvenile support, once it determined that the facts alleged sufficiently supported the armed robbery indictment against him.

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Francisco Gutierrez appeals from the denial of his motion to transfer his case to juvenile court, asserting that the trial court erred: 1 in finding that the evidence was sufficient to support his indictment for armed robbery; and 2 in failing to immediately transfer the case to juvenile court for a determination of whether the facts supported a charge of armed robbery. Discerning no error, we affirm. This appeal presents questions of law, which we review de novo. Rader v. State .1 In conducting that review, however, “we must defer to the trial court’s determination on the credibility of witnesses, and we must accept the trial court’s ruling on disputed facts . . . unless it is clearly erroneous.” Punctuation omitted. Garza v. State .2

The record shows that on March 6, 2009, five masked males, including Gutierrez, entered a restaurant through the establishment’s back door. The five men were armed with a handgun, an aluminum baseball bat, an Airsoft pistol, a hammer, and a plastic gun. Upon entering, the suspect with the baseball bat began striking the restaurant owner with the bat and demanding money. The owner informed the men that the money was in the restaurant’s cash register.

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