In the Interest of C. D. G.
In the Interest of C. D. G.
Opinion of the Court
C. D. G., a juvenile then aged sixteen, was adjudicated a delinquent based on the commission of aggravated assault (three counts),
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.4
“The evidence is examined under the standard of Jackson v. Virginia, 443 U. S. 307 (99 SC 2781, 61 LE2d 560) (1979), with all reasonable inferences construed in favor of the juvenile court’s findings.”
Thus viewed, the evidence shows that on the evening of April 22, 2005, C. D. G. went to a party held at a home on Conley Drive in
Three teenage girls, Y. L., M. K. P., and K. B., were in front of the Conley Drive house that night, along with a number of other juveniles. All three testified that they saw C. D. G. fire a gun on the street outside of the party at the Conley Drive home. C. D. G. was standing in the roadway in front of the house when he began firing, according to K. B.’s testimony. The three girls all testified that they were certain that the person they saw firing shots was C. D. G. They were able to identify him because they knew him: Y. L. testified that she and C. D. G. had fourth period together at school; M. K. P. testified that she knew C. D. G. from attending the same school; and K. B. testified that she knew him through his cousin, with whom she had a first period class.
When the use of a deadly weapon places the victim in reasonable apprehension of immediate violent injury, the felony offense of aggravated assault has occurred” under OCGA § 16-5-21 (a) (2).
Construing the evidence in the light most favorable to the verdict, any rational trier of fact could have found C. D. G. guilty beyond a reasonable doubt of aggravated assault, possession of a firearm by a minor, and discharging a gun or pistol near a street.
Appellant’s reliance on Haxho v. State
Judgment affirmed.
OCGA § 16-5-21 (a) (“A person commits the offense of aggravated assault when he . . . assaults ... (2) [w]ith a deadly weapon . . . which, when used offensively against a person, is likely to or actually does result in serious bodily injury’).
OCGA§ 16-11-132 (b) (“[I]t shall be unlawful for any person under the age of 18 years to possess or have under such person’s control a pistol or revolver”).
OCGA § 16-11-103 (“A person is guilty of a misdemeanor when, without legal justification, he discharges a gun or pistol on or within 50 yards of a public highway or street”).
(Citations and punctuation omitted.) In the Interest of T. T, 236 Ga. App. 46 (1) (510 SE2d 901) (1999).
(Citation omitted.) In the Interest of C. F., Jr., 255 Ga. App. 620-621 (566SE2d387) (2002).
In the Interest of M. R, 276 Ga. App. 402, 404 (1) (b) (623 SE2d 234) (2005).
Id.
See In the Interest of T. T., supra.
(Citations omitted.) In the Interest of J. J. K., 232 Ga. App. 470,471 (502 SE2d 313) (1998).
186 Ga. App. 393 (367 SE2d 282) (1988) (physical precedent only).
Id. at 393-394 (1).
Reference
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- In the Interest of C. D. G., a child
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