J.B., In re
| Decision Date | 22 May 1987 |
| Docket Number | No. 74212,74212 |
| Citation | 183 Ga.App. 229,358 S.E.2d 620 |
| Parties | In re J.B. |
| Court | Georgia Court of Appeals |
Douglas R.X. Padgett, Doraville, for appellant.
Lewis R. Slaton, Dist. Atty., H. Allen Moye, Asst. Dist. Atty., for appellee.
A delinquency petition was filed in the Juvenile Court of Fulton County alleging that the appellant, a juvenile, had committed three acts of child molestation. The court found him to be delinquent and in need of treatment and rehabilitation, and placed him on probation, from which he appeals.
1. Appellant contends that the State presented no evidence to prove beyond a reasonable doubt that the delinquent conduct occurred in Fulton County so as to establish proper venue under OCGA § 15-11-15. The evidence showed that the acts took place in appellant's home, and the complaint alleged that the appellant lived with his mother at "2980 Jonesboro Road # 54 Atl. Ful. Co. Ga." The delinquency petition further referred to that address as being in Fulton County, Georgia. There was no evidence that the address was located in any other county, nor did appellant or his counsel so allege. Phelps v. State, 180 Ga.App. 24, 25, 348 S.E.2d 505 (1986). Accord Ludden v. State, 176 Ga.App. 109(3), 335 S.E.2d 428 (1985).
2. Appellant asserts that the petition should be dismissed because the hearing thereon was not held within 60 days of its filing as mandated by OCGA § 15-11-26(a). See also J.T.G. v. State, 141 Ga.App. 184, 233 S.E.2d 40 (1977). The record shows that the petition was filed on May 7, 1986 and the matter was scheduled for hearing on June 24, 1986. On that date the court found that appellant's case could not be reached and issued an order continuing the hearing until August 19, 1986. The statute requires only that a hearing date be set within 60 days and this was done, thus satisfying the essential requirement of the law. Cf. P.L.A. v. State, 172 Ga.App. 820(2), 324 S.E.2d 781 (1984); J.B. v. State, 171 Ga.App. 373(2), 319 S.E.2d 465 (1984). "[I]f the party does not enter an objection during the course of the trial he will not be heard to complain on appeal, and, if a hearing is set within the statutory time limit, the court may in its discretion grant a continuance." Sanchez v. Walker County DFACS, 237 Ga. 406, 408, 229 S.E.2d 66 (1976). We find no abuse of discretion here.
3. Nor do we agree that the portion of the order continuing the hearing which also enjoined the appellant from threatening or harassing any of the victims or witnesses in the case until further order amounted to a prior and unwarranted restraint on appellant's freedom of speech and his right to investigate the charges against him. It appears from the transcript of the June 24 hearing that the appellant had threatened these little girls, and the juvenile court judge would have been authorized under OCGA § 15-11-26(d) to take appellant into custody. She explained this to appellant, and stated that if he violated the order he would be put in the detention facility, and that she was acting "to maintain the peace in the community and permit witnesses who have legitimate complaints against alleged perpetrators, to have the freedom of airing out in court what those complaints are without anybody threatening them or hushing them up in any way or by any means whatsoever." We find no merit to defendant's arguments that the court's order violated his right to free speech or would impede investigation by defense counsel; accordingly, this enumeration is without merit.
4. Appellant complains that the court allowed one of the victims and her mother to testify improperly over his hearsay objection as to what another victim, who was not present at the hearing, had told them concerning her molestation by appellant. The transcript of this testimony shows that the victim told the other victim immediately after she was molested; that the second victim was then molested; and that she immediately went and told her mother about both incidents and the mother called the police. The court permitted the testimony as an outcry by the victim and thus admissible as part of the res gestae. OCGA § 24-3-3. "[A] trial judge's determination that evidence offered as part of the res gestae is sufficiently informative and reliable as to warrant being considered ... will not be disturbed on appeal unless that determination is clearly erroneous." Andrews v. State, 249 Ga. 223, 228, 290 S.E.2d 71 (1982); Kilgore v. State, 177 Ga.App. 656(2), 340 S.E.2d 640 (1986); Millwood v. State, 174 Ga.App. 113(2), 329 S.E.2d 273 (1985). We find no grounds for reversal. See also Lynn v. State, 181 Ga.App. 461(2), 352 S.E.2d 602 (1986).
5. Appellant's contention that no evidence was presented as to when the alleged acts...
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R.D.F., In Interest of
...the securing of legal representation, OCGA § 15-11-30(b), or for reasons within the discretion of the juvenile court. In re J.B., 183 Ga.App. 229(2), 358 S.E.2d 620 (1987); Brown v. Fulton County Dept. of Family, etc., Services, 136 Ga.App. 308(1), 220 S.E.2d 790 (1975). 2. The State conten......
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L.A.E., In Interest of
...the statutory time limit, the court may in its discretion grant a continuance." (Citation and punctuation omitted.) In re J.B., 183 Ga.App. 229(2), 358 S.E.2d 620 (1987); Johnson v. State, supra, 183 Ga.App. at 169(2), 358 S.E.2d 313. In the instant case, although L.A.E. was in detention, t......
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M.D.C., In Interest of
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In re NTS
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