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STATE OF MINNESOTA
IN COURT OF APPEALS
C2-95-2224

In the Matter of the Welfare of: K.A.P., Child.
Filed June 18, 1996
Affirmed

Schultz, Judge*
Stearns County District Court
File No. J69550801 John M. Stuart, Minnesota State Public Defender, Charlann Winking, Assistant State Public Defender, 2829 University Avenue S.E., Minneapolis, MN 55414 (for Appellant K.A.P.) Hubert H. Humphrey, III, Minnesota Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101;
Roger S. Van Heel, Stearns County Attorney, Will R. Brost, Assistant County Attorney, 705 Courthouse Square, St.
Cloud, MN 56303 (for Respondent State of Minnesota)
Considered and decided by Lansing, Presiding Judge, Harten, Judge, and Schultz, Judge.


S Y L L A B U S
1.
In a presumptive certification case, the trial court must consider factors other than the seriousness of the charged offense, but must consider those factors in relation to the juvenile's burden of proof to rebut the presumption.

2.
The trial court properly considered the adequacy of the punishment as well as the programming available under extended jurisdiction juvenile (EJJ) when considering whether to order adult certification.


Affirmed.

O P I N I O N
SCHULTZ, Judge
This appeal is from an order certifying appellant K.A.P. to stand trial as an adult on charges of second-degree murder. See Minn. Stat.

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Minnesota Law