In the Interest of J. R. F.
In the Interest of J. R. F.
Opinion of the Court
Appellants were involved in a physically violent encounter with another juvenile. As a result, petitions alleging appellants to be delinquent were filed. The juvenile court found that appellant J. R. F. was delinquent by virtue of the commission of the crimes of aggravated assault and criminal damage to property in the second degree. Appellant D. A. V. was found to be delinquent by virtue of the commission of simple battery. Appellants filed separate notices of appeal from the orders adjudging them to be delinquent. As the result of the virtual identity of the enumerations of error, the two appeals are hereby consolidated for disposition in this single opinion.
1. Appellants enumerate as error the juvenile court’s failure to make appropriate findings of fact with regard to the issue of delinquency.
2. The juvenile court held that testimony concerning the alleged victim’s general reputation for violence could not be given by any witnesses other than appellants. The basis for this was the court’s ruling that, unless the victim’s general reputation for violence was actually known to appellants, that reputation would be irrelevant to their justification defense.
When the predicate for the admission of evidence of a victim’s general reputation for violence has been laid in a given case, that evidence “may come from two sources, the accused or a witness. Where such testimony comes from a witness, there is no requirement that it be shown that the accused knew of the [victim’s] general reputation for violence. Assuming that such reputation was not known to the accused, the testimony of the witness is nevertheless admissible to corroborate the testimony of the accused that the [victim] was violent on the occasion in question on the theory that a person with a general reputation for violence is more likely to have been violent toward the accused than a person with a gentle reputation. ‘It is more probable that a person will act in accordance with his character (disposition) than that he will act contrary to it.’ [Cit.]” Henderson v. State, 234 Ga. 827, 829-830 (1) (218 SE2d 612) (1975). There is no contention by the State that a prima facie case for appellants’ defense of justification had not been made. If such a prima facie case was made, then evidence of the alleged victim’s general reputation for violence was admissible. Accordingly, the juvenile court erred in refusing to allow witnesses other than appellants to testify as to that general reputation.
The State urges that the error was harmless because some testimony bearing on the victim’s general reputation for violence was admitted. See generally Bennett v. State, 254 Ga. 162, 165 (3a) (326 SE2d 438) (1985). The record does show that evidence of the victim’s general reputation was admitted on one occasion. However, the record
3. Appellant J. R. F. enumerates as error the finding that she committed the act of criminal damage to property in the second degree. Assuming without deciding that the evidence authorized a finding that the victim’s property was intentionally damaged by appellant J. R. F., it did not authorize a finding that the damage exceeded $100. See generally Johnson v. State, 156 Ga. App. 411, 412 (2) (274 SE2d 778) (1980). Accordingly, the finding that appellant J. R. F. was delinquent on this ground must be reversed.
Judgments reversed.
Reference
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- In the Interest of J. R. F. In the Interest of D. A. V.
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