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242 Ga. App. 243

529 S.E.2d 377

Docket No. A00A0786.

In Re JTD

In the Interest of J.T.D., a child.

Court of Appeals of Georgia

Decided February 3, 2000.

Court of Appeals of Georgia · decided 2000-02-03

Cited by 8 later decisions — most recently June 2012

8 state decisions

Key passage — most relied on by later courts

“the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed.”

quoted by 1 later decision, including In Re Cg

“age at the time of his adjudicatory hearing is not determinative of the juvenile court's jurisdiction over him.”

quoted by 1 later decision, including In Re Cg

Relies on 154 Ga. App. 650 - Edmonds v. State · 228 Ga. App. 503 - In the Interest of D. L.

Good law ✅— No negative treatment on recordhow we know

Decided 2000-02-03

View the full empirical analysis of this case →

¶1Robert M. Boulineau, Milledgeville, for appellant.

¶2Bellury & Luton, Evelyn P. Luton, Milledgeville, for appellee.

¶3McMURRAY, Presiding Judge.

¶4Following a juvenile court adjudicatory hearing, J.T.D. was adjudicated a juvenile delinquent for committing a delinquent act *378 constituting the offense of criminal damage to property in the second degree[1] if committed by an adult—this arising out of a fight he had with another boy on the hood and roof of a car belonging to Jeanene Cooper. J.T.D. appeals the juvenile court's denial of his motion to dismiss the charges, arguing the court lost jurisdiction over him when he turned 17 because he was no longer a child within the meaning of OCGA § 15-11-2(2)(A) and (B) at the time of his hearing. Held:

¶5J.T.D. correctly argues that he no longer qualified as a child under OCGA § 15-11-2(2)(A) and (B) after his seventeenth birthday. Subsection (A) of the foregoing Code section defines "child" as any individual under the age of 17. Subsection (B) thereof defines "child" as an individual under the age of 21 who committed an act of delinquency before turning 17 while under the juvenile court's supervision or on probation. In the Interest of D.L.,228 Ga.App. 503, 504(1)(a), 492 S.E.2d 273.

¶6Notwithstanding the foregoing, J.T.D.'s age at the time of his adjudicatory hearing is not determinative of the juvenile court's jurisdiction over him. Rather, his age at the time of the offense controls. "`Under (OCGA §§ 15-11-5 and 15-11-2), the juvenile court has jurisdiction if the accused is under the age of seventeen at the time the offense is committed.' Edmonds v. State,154 Ga.App. 650, 269 S.E.2d 512 (1980)." In the Interest of D.L.,228 Ga.App. at 504-505(1)(a), 492 S.E.2d 273, supra. Inasmuch as it is undisputed that J.T.D. was under the age of 17 at the time he committed the act of delinquency in the case sub judice, the juvenile court properly exercised exclusive original jurisdiction over his case. See id.; OCGA § 15-11-5. Accordingly, the juvenile court did not err in denying J.T.D.'s motion to dismiss.

¶7Judgment affirmed.

¶8JOHNSON, C.J., and PHIPPS, J., concur.

NOTES

¶9[1] The juvenile court acquitted J.T.D. of committing a delinquent act which would have constituted the offense of disorderly conduct if committed by an adult.

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