J. G. B. v. State
| Decision Date | 08 October 1975 |
| Docket Number | No. 2,50820,50886 and 50887,Nos. 50819,s. 50819,2 |
| Citation | 220 S.E.2d 79,136 Ga.App. 75 |
| Parties | J. G. B. v. STATE of Georgia. L. E. S. v. STATE of Georgia. R. W. v. STATE of Georgia. E. B. v. STATE of Georgia |
| Court | Georgia Court of Appeals |
A. Edwin Pooser, IV, Perry, for appellants.
Stephen R. Pace, Jr., Dist. Atty., Perry, for appellee.
Petitions were filed respecting each appellant for transfer hearing in the Juvenile Court of Houston County under the provisions of Code Section 24A-2501. The petition concerning J. G. B. alleged in part that he committed the offenses of burglary (two counts), public drunk, and obstruction of an officer. L. E. S. was alleged to have committed two offenses of burglary. The petitions respecting R. W. and E. B. alleged that they participated in one armed robbery and five instances of burglary. All petitions stated that appellants were not amenable to treatment or rehabilitation through available facilities; were not committable to an institution for the mentally ill or mentally retarded; and were at least fifteen years of age at the time of the alleged delinquent conduct.
After the hearings, the court entered an order in each case finding, in part, that there were reasonable grounds to believe appellants L. E. S. and J. G. B. committed the offenses charged, with the exception of one court of burglary; and appellants R. W. and E. B. committed all offenses charged. The court also found that appellants were not amenable to treatment or rehabilitation through available facilities. The case were ordered transferred to Houston Superior Court. Held:
1. A juvenile court may not transfer a juvenile case to an appropriate court having jurisdiction without fire hearing evidence sufficient to give the court reasonable grounds to believe the child is not amenable to treatment or rehabilitation through available facilities. J.J. v. State of Ga., 135 Ga.App. 660, 218 S.E.2d 668. In the transfer hearings respecting L. E. S. and J. G. B., there was no evidence sufficient to give the court reasonable grounds to believe appellants were not amenable to treatment or rehabilitation through available facilities. Accordingly, the order of the juvenile court judge transferring the cases to the superior court must be reversed.
2. The cases of R. W. and E. B. are distinguishable from J.J. v. State of Ga., supra, in that R. W. and E. B. were charged with committing capital offense. However, we are of the opinion that, where a petition alleging delinquency has been filed in the juvenile court, the same requirements must be met in order for the juvenile court to transfer a case involving a capital offense to the superior court as a case involving a non-capital offense.
Code § 24A-301(b) provides that the juvenile court 'shall have concurrent jurisdiction with the superior court over a child who is alleged to have committed a delinquent act which would be considered a crime if tried in a superior court and for which the child may be punished by loss of life or confinement for life in the penitentiary.' Where courts have concurrent jurisdiction, the first court to take jurisdiction will retain it. Hardeman v. Battersby, 53 Ga. 36. Once the juvenile court takes jurisdiction, it may transfer the case pursuant to Code § 24A-2501.
Code § 24A-2501 provides: 'After a petition has been filed alleging delinguency based on conduct which is designated a crime or public offense under the laws, including local ordinances, the court before hearing the petition on its merits may transfer the offense for prosecution to the appropriate court having jurisdiction of the offense if: . . . (3) the court in its discretion determines there are reasonable grounds to believe that . . . (ii) the child is not amenable to treatment or rehabilitation through available facilities . . . and (4) the child was at least 15 years of age at the time of the alleged delinquent conduct or the child was 13 or 14 years of age and committed an act for which the punishment is loss of life or confinement for life in the penitentiary.' (Emphasis supplied.) It is evident that the procedures set forth in Code § 24A-2501 for transfer of a case from juvenile court to superior court were intended to apply to capital offenses or there would have been no need to include a minimum age requirement for transfer of such a case within this particular Code section.
In the present case a petition...
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