(Download) "State v. Lopez" by Supreme Court Of Utah # eBook PDF Kindle ePub Free
eBook details
- Title: State v. Lopez
- Author : Supreme Court Of Utah
- Release Date : January 27, 2006
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 52 KB
Description
In this appeal, we must decide whether the statutory scheme that requires a hearing without a jury to consider transfer of a juvenile to adult criminal court violates the principles established in Apprendi v. New Jersey, 530 U.S. 466 (2000), and is therefore unconstitutional. For the reasons set out below, we conclude Apprendi does not apply to a juvenile courts decision to transfer jurisdiction to the criminal district court. We therefore reverse the trial courts order and remand this cause for further proceedings. Sixteen-year-old Marco Lopez was referred to the juvenile court for the offense of murder, and the State then filed a petition for discretionary transfer to the criminal district court. The petition alleged that Lopez intentionally and knowingly caused the death of Jose Lopez by stabbing him with a knife. A probation officer prepared a social evaluation and investigative report, and a psychologist prepared a report of psychological evaluation and diagnostic study. Both recommended transfer to adult criminal court.