In the Interest of S. K. K.

Reasonable evidence authorized the juvenile court to believe that the juveniles committed the delinquent acts of arson, attempted murder and criminal trespass to authorize the transfer of their cases to superior court pursuant to O.C.G.A. § 15-11-30.2.

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15-year-olds S. K. K. and H. E. A. were each charged with first degree arson, four counts of attempted murder, and criminal trespass. Following a hearing, the juvenile court initially denied the State’s request to transfer the cases to superior court pursuant to OCGA § 15-11-30.2. Thereafter, the juvenile court granted the State’s motion to reconsider and transferred the case to superior court. S. K. K. and H. E. A. appeal, alleging that the evidence failed to support the transfer. S. K. K. also argues that the juvenile court erred by failing to offer reasons in support of the transfer in its order. H. E. A. further alleges that the lower court’s ruling should be reversed because criminal prosecution in the superior court is too severe. For the reasons that follow, we affirm. Pursuant to OCGA § 15-11-30.2, a juvenile court may transfer a case to an appropriate court if, in its discretion, it determines that there are reasonable grounds to believe that the child committed the delinquent act alleged; the child is not committable to an institution for the mentally retarded or mentally ill; the interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and the child was at least 15 years of age at the time of the alleged delinquent conduct.1 We hold that under the circumstances of this case, the juvenile court did not abuse its discretion in transferring this case to superior court.

1. S. K. K. and H. E. A. allege that the evidence does not support the transfer of the case to the superior court because reasonable grounds did not exist to believe that they committed the delinquent acts. “The function of the appellate court is limited to ascertaining whether there was some evidence to support the juvenile court’s determination. Determinations of a juvenile court made on an exercise of discretion, if based upon evidence, will not be controlled by this court.”2

In the Interest of S. K. K.

Reasonable evidence authorized the juvenile court to believe that the juveniles committed the delinquent acts of arson, attempted murder and criminal trespass to authorize the transfer of their cases to superior court pursuant to O.C.G.A. § 15-11-30.2.

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