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In The Interest Of T. W., A Child

CourtCourt of Appeals of Georgia
Docket No.A17A1681
DecidedJanuary 25, 2018
Reporter342 Ga. App. 277
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal LawCriminal ProcedureSufficiency of the EvidenceStatutory InterpretationReversalAppellate Procedure
Case Summary

A Georgia juvenile court found the appellant delinquent for possessing a pistol and participating in criminal street-gang activity. The appellant appealed only the gang-activity adjudication. The evidence showed that he had been with two people previously adjudicated as gang members, accepted a handgun from one of them, and carried it away before police stopped him. A gang expert opined that the appellant was an associate of the Folk Nation, but the State presented no evidence that he admitted gang membership, wore gang symbols, or otherwise demonstrated an affiliation beyond his presence with the other youths and possession of the firearm. The Court of Appeals held that the Street Gang Terrorism and Prevention Act requires proof of association with a criminal street gang and intent to further gang activity, and that the charged firearm possession alone could not establish the gang relationship. The court reversed the delinquency adjudication to the extent it rested on criminal street-gang activity, leaving the unchallenged firearm adjudication intact.

Opinion

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