In the Interest of A. W.
In the Interest of A. W.
Opinion of the Court
The State filed a delinquency petition in the Juvenile Court of Cobb County against A. W, a 17-year-old male, alleging that A. W. committed acts that would constitute burglary
Before transferring jurisdiction from juvenile to superior court, the juvenile court must find that there are reasonable grounds to believe that the child committed the delinquent act alleged; the child is not committable to an institution for the mentally retarded or mentally ill; the interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and the child was at least 15 years of age at the time of the alleged delinquent conduct. On appeal, the function of this court is limited to ascertaining whether there was some evidence to support the juvenile court’s determination, and absent an abuse of discretion, we will affirm the order transferring jurisdiction.3
Relying on In the Interest of K. J. T.,
In the instant case, however, A. W’s initial probation officer from the Juvenile Court of Cobb County had an encounter with A. W. less than one year prior to trial. The officer’s testimony indicated that A. W fully understood and answered questions, but was a distant child. A. W’s current probation officer from the Department of Juvenile Justice also testified that while she had to explain some things to A. W repeatedly, he was able to understand most questions. In addition, both probation officers noted that A. W was wearing a gold shirt, which signifies his ability to follow rules and regulations at
Because there was record evidence of A. W.’s current mental condition to support the condition of transfer, the trial court did not abuse its discretion by finding that A. W. was not committable to a mental institution.
Judgment affirmed.
OCGA § 16-7-1 (a).
OCGA § 16-8-7 (a).
(Citations and punctuation omitted.) In the Interest of D. M., 299 Ga. App. 586, 586-587 (683 SE2d 130) (2009). See also OCGA § 15-11-30.2 (a) (3).
246 Ga. App. 660 (542 SE2d 514) (2000).
See id. at 662.
See id. at 661-662.'
See, e.g., In the Interest of D. W. B., 259 Ga. App. 662 (1) (577 SE2d 819) (2003); In the Interest of L. L., 165 Ga. App. 49, 50 (299 SE2d 53) (1983).
See In the Interest of J. T., 214 Ga. App. 349, 349-350 (1) (447 SE2d 702) (1994).
Reference
- Full Case Name
- In the Interest of A. W., a child
- Cited By
- 2 cases
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- Published