In Re Rw
315 Ga. App. 227
Ga. Ct. App.2012Background
- On June 12, 2010, approximately 27 guns were stolen from Kemp's Pharmacy.
- R.W., Jordy Melvin, and Dewayne Evans allegedly burglarized the pharmacy and divided the proceeds; R.W.’s share was eight or nine guns.
- On the same day, police observed R.W. fleeing Hillside Apartments where a pistol and marijuana were found; the pistol matched a stolen gun.
- Freeman testified about being dropped off at Hilltop Apartments; his statements suggested R.W. was present.
- Monique Moody testified that the morning after the burglary she saw R.W. and Javan Wise with several guns at her home.
- R.W. was adjudicated delinquent for a designated felony act and placed in restrictive custody for 44 months and 10 days, to expire on his 21st birthday.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of corroboration for accomplice testimony | R.W. argues Melvin’s testimony lacked corroboration | State contends slight corroboration suffices | Sufficient corroboration supported delinquency finding |
| Prejudice from the investigation packet in the record | Packet was prejudicial and should have been excluded | Bench trial presumption of proper consideration | No reversible error; no showing packet influenced outcome |
| Predisposition to impose restrictive custody | Judge showed predisposition to order restrictive custody | Disposition followed evidence; no predisposition shown | No error; no improper predisposition evidenced |
| Five-factor analysis under OCGA § 15-11-63(c) and reliance on evidence | Written order drew unwarranted conclusions and relied on facts not in evidence | Factors considered; any errors harmless | No abuse of discretion; restrictive custody warranted; errors harmless |
Key Cases Cited
- In the Interest of Q.S., 310 Ga.App. 70 (2011) (corroboration standards; non-accomplice evidence acceptable)
- In re S.F., 312 Ga.App. 671 (2011) (standard for appellate review of juvenile dispositional decisions)
- In the Interest of J.A.C., 291 Ga.App. 728 (2008) (analysis of five-factor statutory framework)
- Kesler v. State, 249 Ga. 462 (1982) (circumstantial evidence linking to crime can corroborate accomplice testimony)
- Bradford v. State, 262 Ga. 512 (1992) (summary of corroboration sufficiency and standard)