L.R.G. v. State, CR-07-0424.
Decision Date | 30 May 2008 |
Docket Number | CR-07-0424. |
Citation | 996 So.2d 208 |
Parties | L.R.G. v. STATE of Alabama. |
Court | Alabama Court of Criminal Appeals |
Fletcher D. Green, Clanton, for appellant.
Troy King, atty. gen., and John M. Porter, asst. atty. gen., for appellee.
L.R.G. appeals from the juvenile court's order transferring him from the Coosa Juvenile Court to the criminal division of the Coosa District Court, where L.R.G. would be prosecuted as an adult on a charge of assault in the second degree, a violation of § 13A-6-21, Ala.Code 1975.
The matter came before the juvenile court when a delinquency petition was filed against L.R.G. on June 13, 2007. The petition alleged:
The said child is delinquent in that in Coosa County, Alabama, on or about 05162007, [L.R.G.] did, with intent to cause serious physical injury to another person, cause serious physical injury to Peco Bowers by striking him several times, in the head, with a wooden stick/plank, causing head injuries in violation of 13a-6-21 of the Code of Alabama, against the peace and Dignity of the State of Alabama.
(R. 41.)
The charge filed by the State alleged that L.R.G. had violated § 13A-6-21(a)(1) Ala.Code 1975, which provides:
Assault in the second degree is a Class C felony. § 13A-6-21(b).
The State filed a petition to have L.R.G.'s case transferred to the district court for criminal prosecution as an adult. A hearing was held on the matter, after which the juvenile court granted the petition. This appeal followed.
On appeal, the State contends that the juvenile court did not have jurisdiction over L.R.G.; therefore, it says, the transfer order is void. We agree.
Section 12-15-34.1 provides, in pertinent part:
The Code Commissioner's notes accompanying § 12-15-34.1 read, in pertinent part:
The offense occurred on May 16, 2007. The record shows that L.R.G.'s birthday was May...
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