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Alabama Court of Criminal Appeals, 2001

J.G.J. v. State

J.G.J. v. State
Alabama Court of Criminal Appeals · Decided September 28, 2001 · McMillan, Baschab, Wise, Shaw, Cobb
814 So. 2d 313; 2001 Ala. Crim. App. LEXIS 241; 2001 WL 1148099 (Southern Reporter, Second Series)

J.G.J. v. State

Opinion of the Court

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM.

BASCHAB and WISE, JJ., concur. SHAW, J., concurs specially, with opinion, which COBB, J., joins.

Concurring Opinion

SHAW, Judge,

concurring specially.

I concur in affirming J.G.J.’s adjudication of delinquency; however, I question the wisdom of allowing an erroneous finding of guilt as to one of the charged offenses on which that adjudication was based to go uncorrected by either this Court or the trial court. In Chambers v. State, 497 So.2d 607, 611 (Ala.Crim.App. 1986), this Court noted:

“The juvenile court’s finding that Chambers was guilty of second degree theft ... is due to be reversed.
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“... Since the State only proved that the total of all the missing property was $21, Chambers’ adjudication of guilty of theft in the second degree cannot stand.”

*314I would prefer that this Court either vacate the erroneous finding or remand the case with instructions for the juvenile court to do so.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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