In the Interest of M. C. A.
In the Interest of M. C. A.
Opinion of the Court
M. C. A. was adjudicated a delinquent for committing the offenses of entering an automobile with the intent to commit a theft therein, OCGA § 16-8-18, and theft by taking, OCGA § 16-8-2. On appeal, he challenges the sufficiency of the evidence. We affirm.
In considering a challenge to the sufficiency of the evidence supporting an adjudication of delinquency, we construe the evidence and every inference from the evidence in favor of the juvenile court’s adjudication to determine if a reasonable finder of fact could have found, beyond a reasonable doubt, that the juvenile committed the acts charged.1
Viewed in the light most favorable to the juvenile court’s adjudication, the evidence shows that on January 13, 2003, 16-year-old J. N. drove his 1987 Chevrolet truck to school. J. N. testified that he left the passenger side door unlocked. When he returned to his truck
S. R. testified that he rode a school bus with M. C. A. on the date in question and that M. C. A. was “ranting about ‘ganking’ some kid’s cell phone.” S. R. explained that “ganking” was a slang term for stealing. Two other teenagers who rode the same bus, J. C. and A. J., testified that they overheard him remark that he “ganked” the phone. Both J. C. and S. R. observed M. C. A. talking on the phone.
J. C. sat next to S. R. and directly behind M. C. A. S. R. testified that he wanted to return the phone to its rightful owner, so he asked J. C., who was a friend of M. C. A., to ask him to use the phone. When M. C. A. handed it to J. C., J. C. scrolled through the numbers that were stored in the phone but did not recognize any of them. Then the phone rang, and J. C. passed it to S. R., who answered it. It was J. N. calling.
1. “A person commits the offense of theft by taking when he unlawfully takes or . . . appropriates any property of another with the intention of depriving him of the property. . . ,”
2. M. C. A. further claims that the circumstantial evidence does not support his conviction of entering an automobile because the facts do not exclude every reasonable hypothesis other than his guilt.
Judgment affirmed.
(Citations and punctuation omitted.) In the Interest of J. M., 237 Ga. App. 298 (1) (513 SE2d 742) (1999); Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979).
OCGA § 16-8-2.
Smith v. State, 253 Ga. App. 504, 505 (559 SE2d 537) (2002), citing Sorrells v. State, 267 Ga. 236, 238 (1) (b) (476 SE2d 571) (1996).
OCGA § 24-4-6.
(Emphasis omitted.) Morris v. State, 202 Ga. App. 673, 674 (415 SE2d 485) (1992).
Id. See also Truax v. State, 207 Ga. App. 506, 507 (1) (428 SE2d 611) (1993).
Jackson v. Virginia, supra.
Reference
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- In the Interest of M. C. A., a child
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