In Re DM

683 S.E.2d 130
CourtCourt of Appeals of Georgia
DecidedAugust 6, 2009
DocketA09A0941
StatusPublished

This text of 683 S.E.2d 130 (In Re DM) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re DM, 683 S.E.2d 130 (Ga. Ct. App. 2009).

Opinion

683 S.E.2d 130 (2009)

In the Interest of D.M., a child.

No. A09A0941.

Court of Appeals of Georgia.

August 6, 2009.

*132 Jackson & Schiavone, George T. Jackson, Savannah, for appellant.

Larry Chisolm, Dist. Atty., Jeffrey S. Hendrix, Asst. Dist. Atty., for appellee.

BERNES, Judge.

D.M., a 16-year-old male, was charged in the juvenile court with multiple drug-related crimes in addition to several serious traffic offenses. Following a hearing, the juvenile court transferred D.M.'s case to the superior court so that he could be treated as an adult offender. D.M. appeals from the transfer order,[1] contending that the juvenile court erred by finding that he was not amenable to treatment in the juvenile system and that the interests of D.M. and the community required the transfer of jurisdiction to the superior court. We disagree and affirm.

Before transferring jurisdiction from juvenile to superior court, the juvenile court must find that

there are reasonable grounds to believe that the child committed the delinquent act alleged; the child is not committable to an institution for the mentally retarded or mentally ill; the interests of the child and the community require that the child be placed under legal restraint and the transfer be made; and the child was at least 15 years of age at the time of the alleged delinquent conduct.

(Punctuation and footnote omitted.) In the Interest of S.K.K., 280 Ga.App. 877, 877-878, 635 S.E.2d 263 (2006). See OCGA § 15-11-30.2(a)(3), (4)(A). On appeal, "[t]he function of [this] court is limited to ascertaining whether there was some evidence to support the juvenile court's determination," and absent an abuse of discretion, we will affirm the order transferring jurisdiction. (Punctuation and footnote omitted.) In the Interest of S.K.K., 280 Ga.App. at 878(1), 635 S.E.2d 263.

Here, D.M. challenges the juvenile court's finding that the interests of D.M. and the community required the transfer of jurisdiction to the superior court. He does not contest that there was sufficient evidence to establish the other statutory factors for transferring the case to superior court.

The evidence presented at the transfer hearing showed that during the early morning hours of July 3, 2008, an investigator with the Chatham-Savannah Counter Narcotics Team responded to a call that a patrol officer's vehicle had been hit and the driver of the offending vehicle had fled the scene. The patrol officer discovered marijuana in the abandoned vehicle.

The subsequent investigation led the investigator to believe that D.M. had been driving the vehicle at the time it struck the patrol car. His investigation further led him to believe that D.M.'s mother was making false claims that the car had been stolen in order to protect her son.[2]

The investigator and other officers went to D.M.'s residence in order to conduct a search of D.M.'s older brother's room, who had signed a Fourth Amendment waiver as a condition of his probation in a separate matter. D.M.'s mother directed the investigator to a room claiming it to be that of the older brother, but the investigator believed the room to be vacant based upon its appearance. He nonetheless found two digital scales and a small amount of marijuana in the room. The investigator obtained the mother's consent to search an adjacent room, where he located more scales, a small amount of marijuana, *133 and plastic baggies. D.M. was asleep in a third room at the time of the search.

After D.M.'s mother refused to give consent for the officers to search the rest of the house, the investigator sought and obtained a search warrant. During that process, D.M. and his mother left the residence. Prior to allowing her to leave, the officers conducted a search of D.M.'s mother and confiscated $677 cash.

While executing the warrant, the officers discovered 50.5 grams of marijuana and gallon-sized plastic bags containing marijuana residue in the room where D.M. had been sleeping, and a marijuana joint in the bedroom of D.M.'s mother. They also recovered more digital scales, six in total, at least one of which was used to weigh items more than a pound.

The investigator obtained an arrest warrant for D.M. based upon the marijuana and other contraband found in his bedroom. Although the investigator then went by D.M.'s residence at least twice a day at various times during the day and night for a period of two to three weeks, the investigator was never able to locate D.M. Finally, the investigator received information through an informant that D.M. was staying at his sister's apartment. As a result, the investigator began conducting surveillance at that location.

On the morning of August 28, 2008, the investigator observed D.M. leave the apartment and get into a vehicle. The investigator followed D.M. and, after running the tag number, determined that the vehicle had been stolen. He thereafter called for backup and requested that a marked patrol car initiate a stop of D.M.'s vehicle. When the marked patrol car located and pulled behind D.M., D.M. fled in the vehicle and led the police on a high-speed chase. Although the patrol car ultimately stopped chasing D.M., D.M.'s flight ended after he struck a Ford pickup truck and crashed sidelong into a Mercury Mountaineer. D.M. struck the Mountaineer with such velocity that it caused that vehicle to skid several feet sideways before flipping over on its side. The Mountaineer contained two passengers—a 61-year-old woman and her pregnant daughter—both of whom sustained substantial injuries from the impact.

D.M. fled from the scene of the accident and was apprehended in the restroom of a nearby restaurant. The investigator recovered 53.5 grams of marijuana from the trash-can in the restroom. A subsequent search of D.M.'s sister's apartment revealed 19.3 grams of marijuana, numerous marijuana joints, three digital scales, $650 cash, numerous plastic baggies, and marijuana residue "everywhere."

The state filed two delinquency petitions against D.M., alleging serious injury by motor vehicle, fleeing or attempting to elude a police officer driving, possession of marijuana with intent to distribute, possession of marijuana, possession of a drug-related object, two counts of theft by receiving, hit and run, operation of a vehicle with a suspended license, and several other misdemeanor traffic offenses. The state then moved to transfer the case to the superior court.

During the transfer hearing, the state also presented evidence that D.M. had twice been adjudicated delinquent for drug-related crimes. In June 2007, D.M. was placed on probation after being adjudicated delinquent for possession of less than one ounce of marijuana. He had a large amount of cash on him when he was arrested for that offense. On the same day that D.M. was discharged from probation for the first offense, he was arrested for possession of marijuana with the intent to distribute, possession of drug-related objects, and driving on a suspended license. He had $505 cash and two mobile phones on his person at the time of his arrest for those crimes. In November 2007, he was again adjudicated delinquent and placed on probation.

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In the Interest of D. M.
683 S.E.2d 130 (Court of Appeals of Georgia, 2009)

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Bluebook (online)
683 S.E.2d 130, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-dm-gactapp-2009.