State v. Elias G.
Annotate this CaseAt age fifteen, Defendant was charged with larceny in the second and fourth degrees and burglary in the third degree. Before the juvenile court, the State filed a motion to transfer the charges from the juvenile docket to the regular criminal docket pursuant to Conn. Gen. Stat. 46b-127(b). The juvenile court denied the State's motion. After the State filed an appeal, the Supreme Court released its decision in State v. Fernandes, which interpreted section 46b-127(b) to comply with due process requirements because, prior to the finalization of the transfer of a case involving certain crimes from the juvenile docket to the regular criminal docket, the juvenile is entitled to a hearing in the criminal court to contest the appropriateness of trying the juvenile as an adult. On appeal, the Supreme Court reversed the juvenile court's denial of the State's motion to transfer the charges of larceny in the second degree and burglary in the third degree and affirmed in all other respects, holding (1) Fernandes controlled in this case, and (2) before the transfer of Defendant's case to the regular criminal docket was finalized, Defendant was entitled to a hearing before the court on the regular criminal docket. Remanded.
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