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In The Interest Of M. C., A Child

CourtCourt of Appeals of Georgia
Docket No.A18A0006
DecidedMay 24, 2018
Reporter292 Ga. App. 127
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureDue ProcessSixth AmendmentSufficiency of the EvidenceDouble JeopardyReversal
Case Summary

A juvenile court adjudicated the child known as M C delinquent for aggravated assault on a peace officer, attempting to elude a police officer, obstruction, and reckless driving after a high-speed pursuit of a stolen vehicle. The Georgia Court of Appeals rejected the claim that the prosecutor’s closing argument improperly commented on the child’s silence, noting that the challenged remarks concerned a charge on which the juvenile court acquitted him. The evidence was sufficient to support the adjudication for attempting to elude, and the record otherwise supported the remaining offenses. But the State failed to prove that the offenses occurred in the county alleged, so the court reversed the adjudications for aggravated assault, obstruction, and reckless driving. Because the evidence was otherwise sufficient, retrial on those charges would not violate double jeopardy. The court therefore affirmed in part and reversed in part, leaving the State free to retry the reversed charges if the procedural requirements were satisfied.

Opinion

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In The Interest Of M. C., A Child — The Atlanta Gleaner