In the Interest of D. W.
In the Interest of D. W.
Opinion of the Court
A Coffee County juvenile court adjudicated D. W, a 16-year-old boy, J. T., a 14-year-old boy, and L. W, a 12-year-old boy,
On appeal from a delinquency adjudication, we view the evidence in a light most favorable to support the juvenile court’s findings and judgment. Moreover, the juvenile court resolves conflicts in the evidence, and this Court reviews only the sufficiency and not the weight of the evidence.3
So viewed, the evidence presented to the juvenile court shows that during the early morning hours of January 5, 2009, Douglas Police Officer Jack Cliett, who was in a marked patrol car and wearing his uniform, received a complaint of disorderly conduct. Officer Cliett was investigating the complaint when he witnessed the defendants behind a Dollar General Store, which was closed at the time. Upon seeing the patrol car, the defendants fled to a wooded area behind the store and continued to flee even after Officer Cliett exited his car and told them to stop. After the officer repeated his instructions to stop, the defendants obeyed and got on the ground. The defendants’ only explanation for their presence behind the
1. The defendants argue that the evidence presented was not sufficient to support the juvenile court’s delinquency determinations.
Pursuant to OCGA § 16-11-36,
[a] person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity. . . . Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. . . .4
Here, Officer Cliett’s testimony that the defendants were present behind a closed retail establishment at approximately 4:00 a.m. and that they attempted to flee into a wooded area behind the store upon seeing his patrol car is sufficient to support the juvenile court’s delinquency adjudications for prowling.
Nevertheless, the defendants contend that the State failed to establish that Officer Cliett inquired about their reasons for being in that area, which they contend is required by the statute. OCGA § 16-11-36 (b) states that
. . . [u]nless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this Code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this Code section if the law enforcement officer failed to comply with the foregoing procedure or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.
The State asked Officer Cliett whether the defendants “ explain [ed] to you at any point why they would be around Dollar General that early in the morning,” to which Officer Cliett re
2. Next, citing OCGA § 15-11-49, the defendants argue that the trial court erred by refusing to dismiss their delinquency petitions because they were not filed within 30 days of the date the defendants were released from police custody. We disagree.
OCGA § 15-11-49 (a) provides that “[i]f a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child. . . .” Furthermore, under subsection (b), “[i]f a child is so released and the case is to be prosecuted further other than by informal adjustment, a petition under Code Section 15-11-38.1 shall be made and presented to the court within 30 days.”
We discern no error on the part of the juvenile court. As this Court previously has determined, the provisions of OCGA § 15-11-49 (b) apply only to cases in which a juvenile has been taken before the juvenile court or has been delivered to a shelter care facility or detention center and is thereafter released prior to the filing of a petition.
Judgments affirmed.
We have consolidated these cases for the purposes of appeal. A fourth individual was charged with the defendants, but his case is not a part of this appeal.
OCGA § 16-11-36 (a).
(Footnote omitted.) In the Interest of R. F., 279 Ga. App. 708, 708 (632 SE2d 452) (2006).
OCGA § 16-11-36 (a), (b). See also In the Interest of R. F., 279 Ga. App. at 711 (2) (a).
See In the Interest of R. F., 279 Ga. App. at 711 (2) (a) (officer’s “testimony that he encountered the juveniles at 1:30 a.m., that they could not explain their presence [on the side of the roadway by a disabled car], that they did not have identification, and that they gave conflicting stories about the owner of the vehicle was sufficient” to support the delinquency adjudications for prowling); O’Hara v. State, 241 Ga. App. 855, 857 (1) (528 SE2d 296) (2000) (based on the defendant’s “flight combined with his peculiar behavior and appearance,” the jury was entitled to conclude that the defendant’s behavior was not usual for law-abiding individuals under circumstances that warranted reasonable alarm).
See In the Interest of C. W., 227 Ga. App. 763, 764-766 (1) (490 SE2d 442) (1997); In the Interest of J. D. M., 187 Ga. App. 285, 287-288 (2) (b) (369 SE2d 920) (1988); D. C. v. State, 145 Ga. App. 868, 869 (2) (245 SE2d 26) (1978).
227 Ga. App. at 766 (1).
See id. at 765-766 (1).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.