In re T.W., A06A1097.
| Court | United States Court of Appeals (Georgia) |
| Citation | 280 Ga. App. 693,634 S.E.2d 854 |
| Docket Number | No. A06A1097.,A06A1097. |
| Parties | In the Interest of T.W., a child. |
| Decision Date | 26 July 2006 |
Page 855
Reese H. Davis, for appellant.
Cecilia M. Cooper, District Attorney, Kameyan L. Bryant, Assistant District Attorney, for appellee.
ANDREWS, Presiding Judge.
The Juvenile Court of Sumter County adjudicated T.W., age 13, delinquent for acts that, if committed by an adult, would have constituted aggravated assault. T.W. appeals, claiming that the State did not prove venue and also claiming that the evidence was insufficient on one of the charges of aggravated assault. We conclude that the evidence was sufficient to support the adjudication of delinquency on the merits of the crimes charged; however, because venue was not proved, we reverse and remand for retrial.
In considering an appeal from an adjudication of delinquency, we view the evidence in the light most favorable to the prosecution to determine if a rational trier of fact could have found, beyond a reasonable doubt, that the juvenile committed the acts charged. In the Interest of D.S., 239 Ga. App. 608, 521 S.E.2d 661 (1999). The evidence is considered under the standard of Jackson v. Virginia, 443 U.S. 307, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979), with all reasonable inferences construed in favor of the juvenile court's findings. In re E.A.D., 271 Ga.App. 531, 610 S.E.2d 153 (2005).
So viewed, the record shows that T.W. was charged with two counts of aggravated assault. One of the victims testified that T.W. began harassing him as he walked down the street. The victim stated that T.W. ran behind some apartments and came back with a gun. T.W. pointed it at the victim and told him "I'll kill you." There was also evidence that T.W. hit another man, the victim's brother, with a "big old broken tree limb," bruising his back.
T.W. was adjudicated delinquent on two counts of aggravated assault, one with a gun and one with a tree limb. T.W. does not challenge the sufficiency of the evidence with regard to the aggravated assault with a gun count. He does argue, however, that there was insufficient evidence that the tree limb was a deadly weapon under the aggravated assault statute; specifically, he contends there was no evidence that the tree limb was capable of causing serious bodily injury.
OCGA § 16-5-21(a) provides that: "A person commits the offense of aggravated assault when he or she assaults: (1) With intent to murder, to rape, or to rob; (2) With a...
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