In the Interest of M. M.
In the Interest of M. M.
Opinion of the Court
Finding that 15-year-old M. M. committed criminal trespass, obstructed a law enforcement officer, and interfered with government property, the juvenile court adjudicated him delinquent. M. M. appeals, arguing that the evidence was insufficient to support the juvenile court’s ruling and that he was denied due process. For reasons that follow, we affirm.
1. When reviewing the sufficiency of the evidence supporting a juvenile court’s delinquency adjudication, we apply the same standard of review used in criminal cases.
Viewed in this manner, the evidence shows that, on March 15, 2003, Officer Glen Walters of the Glennville Police Department was driving his personal vehicle when he observed M. M. and several other juveniles standing on a street corner. As Walters drove past the group, M. M. threw an egg at Walters’ car, striking the rear passenger side window. Walters, who was off duty and not in uniform, exited the car, identified himself as a police officer, and told the group to “stop.” The juveniles ran, and Walters called for assistance. Officer Ken Jackson, who was assigned to a police sub-station located in a Glennville Housing Authority apartment complex, responded and helped apprehend M. M., who struggled with the officers and had to be forcibly handcuffed and placed in a patrol car. M. M. apparently was released from custody that night or the next day.
Two days later, Officer Jackson discovered that eighteen windows and a blue light had been broken at the police sub-station. A sixteen-year-old boy who was with M. M. on the night of March 16 testified that M. M. broke two of the windows with a stick shortly
The State petitioned to have M. M. declared delinquent, alleging that M. M. committed criminal trespass by throwing an egg at Officer Walters’ car, obstructed Officer Walters by fleeing from him, and interfered with government property by breaking windows in the police sub-station. After hearing the evidence, the juvenile court concluded that M. M. committed each of these acts and adjudicated him delinquent. We find the evidence sufficient to support the juvenile court’s ruling.
(a) Criminal Trespass. A person commits “criminal trespass when he or she intentionally damages any property of another without consent of that other person and the damage thereto is $500.00 or less.”
(b) Interference with Government Property. Under OCGA § 16-7-24 (a), “[a] person commits the offense of interference with government property when he destroys, damages, or defaces government property.”
Finally, although the State must prove that a governmental entity owned the damaged property to establish this offense, such ownership may be shown by circumstantial evidence.
(c) Obstruction. The juvenile petition alleged that M. M. obstructed Officer Walters by fleeing after Walters ordered him to stop. Under OCGA § 16-10-24 (a), obstruction results when a person “knowingly and willfully obstructs or hinders any law enforcement officer in the lawful discharge of his official duties.” As we have noted, “[f] light after a lawful command to halt constitutes obstruction of an officer.”
Walters testified that M. M. and the others ran from him after he identified himself as a police officer and instructed them to halt. Although Walters was off duty at the time of the incident, that fact does not undermine the juvenile court’s obstruction finding. A law enforcement officer “has a full-time duty to maintain the peace.”
Walters saw M. M. commit a criminal trespass. As a police officer, he was authorized, if not duty-bound, to intervene.
2. M. M. also argues that a fatal variance between the evidence presented at trial and the allegations in the juvenile petition violated his due process rights. He notes that the juvenile petition alleged he committed criminal trespass when he “intentionally damage [d] a police car ... by throwing an egg at Officer Walters’ car,” while the evidence showed that he threw an egg at Walters 'personal vehicle. In addition, although the petition alleged that M. M. interfered with government property “by breaking out 18 windows including the blue light dome at the front door” of the police sub-station, the evidence only established that he broke two windows.
Due process requires that a juvenile petition “contain sufficient
We find no fatal variance or due process violation here. Although the allegations relating to criminal trespass incorrectly alleged that M. M. threw the egg at Walters’ police car, the State need not show damage to police property to establish this offense.
Similarly, the discrepancy between the delinquency allegations and the evidence regarding the number of windows M. M. damaged in the sub-station does not demand reversal. The petition fully informed M. M. of the date of the alleged incident, its location, and the offense charged — interference with government property by breaking windows. The number of broken windows is not an element of the offense; the State need only prove damage to government property.
Judgment affirmed.
See In the Interest of J. A. F., 262 Ga. App. 722, 723-724 (2) (586 SE2d 381) (2003).
OCGA § 16-7-21 (a).
See id.
Walters testified that he received a $186.20 repair estimate from a bodyshop, but we have previously held such testimony to be inadmissible hearsay. See In the Interest of A. F., 236 Ga. App. 60 (1) (510 SE2d 910) (1999).
See Jones v. State, 236 Ga. App. 716-717 (1) (513 SE2d 254) (1999); Mallory v. State, 164 Ga. App. 569, 570 (2) (298 SE2d 290) (1982); see also B. L. v. State of Ga., 156 Ga. App. 14 (274 SE2d 67) (1980).
OCGA § 16-7-24 (a).
See In the Interest of D. L. S., 224 Ga. App. 660, 661 (1) (482 SE2d 418) (1997).
See McClendon v. State, 264 Ga. App. 174, 177 (2) (b) (590 SE2d 189) (2003); Weldon v. State, 262 Ga. App. 854-855 (1) (586 SE2d 741) (2003).
See McClendon, supra. Neither party disputes that the Glennville Housing Authority is a governmental entity, and thus we do not address this issue.
(Punctuation omitted.) Patterson v. State, 244 Ga. App. 222, 224 (2) (535 SE2d 269) (2000).
Frayall v. State, 259 Ga. App. 286, 288 (2) (576 SE2d 654) (2003).
Id. at 289. See also Duncan v. State, 163 Ga. App. 148-149 (1) (294 SE2d 365) (1982).
See Frayall, supra.
See OCGA § 16-10-24 (a); Frayall, supra; Patterson, supra.
(Punctuation omitted.) In the Interest of C. C. C., 188 Ga. App. 849, 851 (4) (374 SE2d 754) (1988).
(Punctuation omitted.) In the Interest of B. C. G., 235 Ga. App. 1, 3-4 (1) (508 SE2d 239) (1998). See also In the Interest of J D. T., 262 Ga. App. 860, 861-862 (1) (586 SE2d 748) (2003).
See OCGA § 16-7-21 (a). Cf. OCGA § 16-7-24 (a).
See OCGA § 16-7-21 (a).
See In the Interest of J. D. T., supra; see also Edward v. State, 261 Ga. App. 57, 59 (2) (581 SE2d 691) (2003) (even if indictment improperly identified owner of burglarized house, variance was not fatal); Abney v. State, 240 Ga. App. 280, 281-282 (2) (523 SE2d 362) (1999) (indictment that misidentified owner of burglarized house did not “mislead [defendant] in such a manner that impeded his ability to present a defense or surprise him at trial”) (footnote omitted).
See OCGA § 16-7-24 (a).
See Marshall v. State, 199 Ga. App. 678-679 (1) (b) (405 SE2d 893) (1991) (although indictment alleged that defendant shoplifted a “set of sheets” from store and evidence only supported conclusion that he took one sheet, “there was no [variation of] necessary fact”); In the Interest of C. C. C., supra (although petition alleged that juvenile was delinquent in
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