Criminal: BELLFIELD V. COMMONWEALTH (COA; 2/3/2006)

BELLFIELD V. COMMONWEALTH
CRIMINAL –
2004-CA-001106
PUBLISHED  – AFFIRMING
MCANULTY, J.
Date: 2/3/2006

If probable cause is found under KRS 635.020(4), jurisdiction is automatically vested in the circuit court. Deweese v. Commonwealth, 141 S.W.3d 372 (Ky. App. 2003).   RCr 3.10 should not be applied to juvenile cases.  KRS 635.020(4) calls for an expedited hearing with the sole purpose of determining if transfer to circuit court is appropriate under its terms. The effect of KRS 635.020(4) is to facilitate transfer of juveniles accused of committing a felony with a firearm to the circuit court by bypassing the proof required under KRS 640.010(2).