In the Interest of J. S.

673 S.E.2d 645, 296 Ga. App. 144, 2009 Fulton County D. Rep. 821, 2009 Ga. App. LEXIS 155
Court of Appeals of Georgia·Decided February 17, 2009·No. A09A0462·Published·Cited by 13 cases

Opinion

Blackburn, Presiding Judge.

Following a bench trial in juvenile court, J. S. was adjudicated delinquent after the court found that he had committed acts which, had he been an adult, would have supported convictions for attempt to commit burglary,1 criminal damage to property in the second degree,2 theft by taking of personal property,3 and theft by taking of a motor vehicle.4 He appeals, contending that the evidence was insufficient to support the adjudication of delinquency and further arguing that the delinquency petition contained several fatal variances from the evidence adduced at trial. For the reasons set forth below, we affirm in part, vacate in part, and remand for adjudication and disposition consistent with this opinion.

1. The standard of review for adjudications of juvenile delinquency is clear.

In considering a challenge to the sufficiency of the evidence supporting an adjudication of delinquency, we construe the evidence and every inference from the evidence in favor of the juvenile court’s adjudication to determine if a reason[145]*145able finder of fact could have found, beyond a reasonable doubt, that the juvenile committed the acts charged.

(Punctuation omitted.) In the Interest of A. D.5 See generally Jackson v. Virginia.6 “Thus, the standard of review on appeal in a case of adjudication of delinquency of a juvenile is the same as that for any criminal case.” (Punctuation omitted.) In the Interest of T. T.7 “In reviewing such cases, we do not weigh the evidence or determine witness credibility.” In the Interest of A. D., supra, 282 Ga. App. at 587 (1). See In the Interest of T. N.8

So viewed, the record shows that upon returning home from work one evening, Patricia Alcala found that her bedroom door, which she always kept locked while away, had been kicked open and that numerous personal items, including jewelry and small collectible liquor bottles, had been stolen. Based on an argument she had had the previous day with her son and some of his friends, including J. S., Alcala suspected that her son and his friends had stolen the items from her bedroom. Consequently, she called the police to report the theft and her suspicion that her son and his friends were responsible.

At approximately the same time that Alcala was reporting the theft of her property, the police received a 911 call from nine-year-old O. C., who lived only a few houses up the street from Alcala. O. C. had been home alone waiting for his older brother to arrive when he heard a loud banging, as if someone was trying to knock down his door, and saw at least two young males outside his house. A minute or so later, O. C. heard a loud crash as a rock was thrown through a back window. He then called 911 to report that someone was trying to break into his house. When the police arrived shortly thereafter, the suspects were gone, but O. C. described one of them as African-American and another as Hispanic and also provided the police with a description of what the suspects were wearing. He further informed the police that during the incident, he had seen a red automobile, which he did not recognize, parked in his driveway.

While O. C. and Alcala were still being interviewed, another officer reported that he had spotted three young males, who matched the descriptions provided by Alcala and O. C., just down the street from where the incidents had occurred and that they had fled into some woods as he approached them. A short time later, two of the young males (Alcala’s son, who is Hispanic, and J. S., who is [146]*146African-American) were apprehended.9 Both juveniles were searched, at which time the police found several pieces of Alcala’s jewelry in J. S.’s pockets. In addition, the police also located a red Ford Taurus, which O. C. later identified as the vehicle he had seen in his driveway during the attempted burglary, parked down the street from where the incidents had occurred. After running the vehicle’s license tag, the police determined that it matched that of a red Ford Taurus that had been reported stolen by its owner a few days earlier. Upon searching the vehicle, the police found more of Alcala’s stolen jewelry, as well as some clothes and other items that Alcala had seen in the possession of her son and his friends, including J. S., the previous night.

A complaint and a delinquency petition were filed in juvenile court, charging J. S. with criminal attempt to commit a burglary of the home of Gloria Castro (O. C.’s mother), criminal damage to property in the second degree by throwing a rock through Castro’s window, burglary of Alcala’s house, theft by taking of Alcala’s jewelry and other property, theft by taking of a motor vehicle (the red Ford Taurus), and misdemeanor obstruction of an officer. At J. S.’s bench trial, the victims and the investigating officers testified regarding the events leading up to his arrest. In addition, Alcala’s son, who pled guilty to several of the crimes for which J. S. was also charged, testified that J. S. was with him in his home at the time he stole his mother’s jewelry and when he attempted to break into Castro’s home. After the trial, the juvenile court dismissed the burglary and obstruction charges but found that J. S. had committed attempted burglary, criminal damage to property in the second degree, theft by taking of Alcala’s jewelry and other property, and theft by taking of a motor vehicle. As a result, the juvenile court adjudicated him delinquent and recommended long-term commitment to a youth detention center. This appeal followed.

2. J. S. contends that the evidence was insufficient to support the findings that he committed the acts for which he was adjudicated delinquent, arguing that the juvenile court’s findings were improperly based on circumstantial evidence and that the State failed to prove venue. We first address the issue of venue and conclude that J. S.’s argument is without merit. At trial one of the investigating officers testified that all of the acts alleged in the delinquency petition occurred in Cobb County. Such testimony was sufficient to prove venue beyond a reasonable doubt. See Green v. State.10 We now [147]*147consider, in turn, each of those acts for which J. S. was adjudicated delinquent.

(a) Attempt to commit burglary. “A person commits the offense of burglary when, without authority and with intent to commit a felony or theft therein, he enters or remains within the dwelling house of another. . . .” OCGA § 16-7-1. “A person commits the offense of criminal attempt when, with intent to commit a specific crime, he performs any act which constitutes a substantial step toward the commission of that crime.” OCGA § 16-4-1. “Every person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.” OCGA § 16-2-20 (a).

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In the Interest of J. S., 673 S.E.2d 645, 296 Ga. App. 144, 2009 Fulton County D. Rep. 821, 2009 Ga. App. LEXIS 155 (Ga. Ct. App. 2009).

673 S.E.2d 645 (In the Interest of J. S.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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