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In The Interest Of D. B., A Child

CourtCourt of Appeals of Georgia
Docket No.A17A0587
DecidedJune 5, 2017
Reporter310 Ga. App. 142
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureStatutory InterpretationAppellate ProcedureReversalVacaturRemand
Case Summary

A juvenile court adjudicated the child delinquent after he admitted carrying a weapon in a school safety zone, possessing a handgun while under 18, and committing criminal trespass. The court initially designated him a Class B felon and imposed an 18-month commitment, then amended the disposition after finding that the designation was legally void. The State appealed, arguing that the juvenile court lacked jurisdiction to modify the disposition after transfer to the Department of Juvenile Justice and that the child qualified for the designation. The Georgia Court of Appeals held that the State was authorized to appeal the amended disposition and that the juvenile court had jurisdiction to correct a legally invalid designation. It nevertheless concluded that the statutory classification did not apply to the child’s offense on the record presented. The court reversed the amended disposition and remanded for proceedings consistent with its interpretation.

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In The Interest Of D. B., A Child — The Atlanta Gleaner