Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 06/16/2023 09:05 AM CDT - 544 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports STATE V. ALDANA CARDENAS Cite as 314 Neb. 544 State of Nebraska, appellee, v. Rodny Aldana Cardenas, appellant. ___ N.W.2d ___ Filed June 16, 2023. No. S-23-096. 1. Moot Question: Jurisdiction: Appeal and Error. Because mootness is a justiciability doctrine that operates to prevent courts from exercising jurisdiction, an appellate court reviews mootness determinations under the same standard of review as other jurisdictional questions. 2. Judgments: Jurisdiction: Appeal and Error. A jurisdictional question that does not involve a factual dispute is determined by an appellate court as a matter of law, which requires the appellate court to reach a conclusion independent of the lower court’s decision. 3. Statutes: Appeal and Error. Statutory interpretation presents a ques- tion of law which an appellate court reviews independently of the lower court. 4. Criminal Law: Courts: Juvenile Courts: Jurisdiction: Appeal and Error. A trial court’s denial of a motion to transfer a pending criminal proceeding to the juvenile court is reviewed for an abuse of discretion. 5. Judgments: Words and Phrases. An abuse of discretion occurs when a trial court’s decision is based upon reasons that are untenable or unrea- sonable or if its action is clearly against justice or conscience, reason, and evidence. 6. Juvenile Courts: Jurisdiction. Whether the juvenile court has jurisdic- tion over a person is determined not by the person’s age at the time of the offense, but, rather, by the person’s age at the time he or she is charged for the offense. 7. ____: ____. The determination of whether an individual is a “juvenile” within the provisions of Neb. Rev. Stat. § 43-247 (Reissue 2016) should be based on the individual’s age on the date when that individual was charged with an offense. If an individual is a “juvenile” on the date he or she is charged with an offense, the juvenile court may exercise jurisdiction over that individual under the relevant subsection and - 545 - Nebraska Supreme Court Advance Sheets 314 Nebraska Reports STATE V. ALDANA CARDENAS Cite as 314 Neb. 544 may continue to exercise jurisdiction under § 43-247(12) until the indi- vidual reaches the age of majority. 8. Courts: Juvenile Courts: Jurisdiction. If otherwise appropriate, a case involving an individual who was a juvenile when charged in county court or district court may be transferred to the juvenile court until that individual reaches the age of majority. 9. ____: ____: ____. Under Neb. Rev. Stat. § 29-1816(3)(a) (Cum. Supp. 2022), in the absence of a sound basis for retention in county court or district court, transfer to juvenile court is the general rule. 10. Courts: Juvenile Courts: Jurisdiction: Proof. In a motion to transfer to juvenile court, the burden of proving a sound basis for retaining juris- diction in county court or district court lies with the State. 11. Courts: Juvenile Courts: Judgments. When ruling on a motion to transfer to juvenile …
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