State v. T. M. H.

794 S.E.2d 201, 339 Ga. App. 628, 2016 Ga. App. LEXIS 675
CourtCourt of Appeals of Georgia
DecidedNovember 18, 2016
DocketA16A1357
StatusPublished
Cited by4 cases

This text of 794 S.E.2d 201 (State v. T. M. H.) 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
State v. T. M. H., 794 S.E.2d 201, 339 Ga. App. 628, 2016 Ga. App. LEXIS 675 (Ga. Ct. App. 2016).

Opinions

DOYLE, Chief Judge.

After T. M. H., a juvenile, entered into a negotiated guilty plea to armed robbery with a firearm, aggravated assault, and obstruction of a law enforcement officer, he was sentenced by the superior court to ten years with five to serve on the armed robbery count,1 five years to serve on the aggravated assault count, and twelve months to serve on the obstruction of a law enforcement officer count.2 Each of these sentences was to be served concurrently Later, as T. M. H.’s seventeenth birthday approached, the superior court held a status conference pursuant to OCGA § 49-4A-9 (e) to reevaluate his sentence. As a result of that status conference, the superior court entered orders probating the balance of T. M. H.’s sentence. The State now appeals, and we affirm.

[629]*629T. M. H. was prosecuted as an adult in the superior court, and he was 16 years old at the time of his negotiated plea. The superior court sentenced T. M. H. to “confinement in such institution as the Commissioner of the State Department of Corrections may direct[.]”3 Because T. M. H. was 16 years old at the time of his sentencing, he was committed by the Department of Corrections (“DOC”) into the custody of the Department of Juvenile Justice (“DJJ”) and housed in a juvenile detention facility

A few weeks before his seventeenth birthday, the superior court held a status conference at the DJJ’s request to review T. M. H.’s commitment order. The superior court’s order reflects that it heard testimony at the status conference “as to [T. M. H.’s] respectful behavior at the Youth Development Campus ..., his good grades, and his record of no rule violations.”4 The superior court also heard argument from the State that, upon his seventeenth birthday, T. M. H. must be transferred back into the custody of the DOC to serve the remaining portion of his sentence and that the superior court lacked discretion to modify his armed robbery sentence. Conversely, T. M. H. argued that the superior court retained the discretion to allow him to serve the remainder of his sentence on probation pursuant to OCGA § 49-4A-9 (e). Citing to that Code section, the superior court agreed, and entered an order allowing him to serve the remainder of his sentence on probation.

The State argues that the superior court was not authorized to probate the remainder of T. M. H.’s sentence. We disagree.

We note at the outset that, as the parties point out, there is little if any case law interpreting precisely how the applicable statutes govern this scenario. Even so, as in any case, our analysis begins with

[t]he cardinal rule of statutory construction [, which] is to seek the intent of the Legislature [. In so doing,] language in one part of a statute must be construed in the light of the legislative intent as found in the statute as a whole ... [, and] we must first focus on the statute’s text. In order to discern the meaning of the words of a statute, we must look at the context in which the statute was written, remembering at all times that the meaning of a sentence may be more than that of the separate words. In addition, [when] interpreting a statute, we must presume that the General Assembly had [630]*630full knowledge of the existing state of the law and enacted the statute with reference to it. We construe statutes in connection and in harmony with the existing law, and as a part of a general and uniform system of jurisprudence, and their meaning and effect is to be determined in connection, not only with the common law and the constitution, but also with reference to other statutes and decisions of the courts.5

Also, when “interpreting criminal statutes, it is axiomatic that any ambiguities must be construed most favorably to the defendant. . . . [And f]or purposes of statutory interpretation, a specific statute will prevail over a general statute, absent any indication of a contrary legislative intent.”6

Turning to the issue before us, the governing Code sections are OCGA §§ 17-10-14 and 49-4A-9. OCGA § 17-10-14 provides:

(a) Notwithstanding any other provisions of this article and except as otherwise provided in subsection (b) of this Code section, in any case where a person under the age of 17 years is convicted of a felony and sentenced as an adult to life imprisonment or to a certain term of imprisonment, such person shall be committed to the Department of Juvenile Justice to serve such sentence in a detention center of such department until such person is 17 years of age at which time such person shall be transferred to the Department of Corrections to serve the remainder of the sentence. This Code section shall apply to any person convicted on or after July 1, 1987, and to any person convicted prior to such date who has not been committed to an institution operated by the Department of Corrections.
(b) If a child is transferred to superior court pursuant to Code Section 15-11-561[7] and convicted of aggravated assault as defined in Chapter 5 of Title 16, the court may sentence such child to the Department of Corrections. Such child shall be housed in a designated youth confinement unit until such person is 17 years of age, at which time such person may be [631]*631housed in any other unit designated by the Department of Corrections.8

Thus, this Code section serves as the default instruction on how to house certain child offenders under the age of 17.

Also applicable to this case is OCGA § 49-4A-9, which provides:

(a) Any child who has previously been adjudged to have committed an act which is a felony if tried in a superior court and who, on a second or subsequent occasion, is convicted of a felony in a superior court may, in the discretion of the court, be sentenced into the custody of the department as otherwise provided by law or be committed as a youthful offender as authorized in Chapter 7 of Title 42; provided, further, that any child convicted of a felony punishable by death or by confinement, for life shall only be sentenced into the custody of the Department of Corrections.
(b) Any final order of judgment by the court in the case of any such child shall be subject to such modification from time to time as the court may consider to be for the welfare of such child.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. T. M. H.
823 S.E.2d 568 (Court of Appeals of Georgia, 2019)
State v. Hudson
303 Ga. 348 (Supreme Court of Georgia, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
794 S.E.2d 201, 339 Ga. App. 628, 2016 Ga. App. LEXIS 675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-t-m-h-gactapp-2016.