314 Ga. App. 606
Ga. Ct. App.2012Background
- T.F. was charged on August 6, 2009, as a juvenile for acts that could have supported adult charges of criminal street gang participation and aggravated assault.
- Born November 8, 1993, T.F. was 15 at the time of the alleged acts and adjudicated delinquent, then placed on High Intensity Team Supervision probation in October 2009.
- In January 2011, a complaint alleged that T.F. had exhausted probation sanctions after missing curfew by three hours.
- A show-cause order required T.F. to appear and show why probation should not be revoked and to complete a 30‑day short-term program; an admission occurred at a January 27, 2011 hearing.
- At a February 10, 2011 dispositional hearing, the State sought revocation of probation and designation as a felon under the Designated Felony Act; the juvenile court committed T.F. to DJJ for five years with 30 months in confinement.
- The Court of Appeals reversed, holding the juvenile court lacked jurisdiction because the complaint was for probation violation, not probation revocation, and proper procedures for designated felony status were not followed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court had jurisdiction over the probation violation after T.F. turned 17. | T.F. argues jurisdiction was proper under OCGA § 15-11-2(2)(B) despite age. | State argues jurisdiction extended for a child under 21 who committed delinquency before 17. | Jurisdiction improper; void for lack of authority. |
| Whether the complaint and procedures adequately framed a probation revocation and designated-felon sentence. | Complaint framed as probation violation, not revocation; no revocation petition or OCGA § 15-11-40(b) reference. | State attempted to revoke probation and designate as felon; procedures purportedly followed. | Procedural deficiencies voided the order. |
| Whether defense counsel was ineffective for not raising jurisdiction/procedural issues earlier. |
Key Cases Cited
- In the Interest of B.S.L., 200 Ga.App. 170 (1991) (probation-revocation jurisdiction limits for juveniles; need revocation petition)
- In the Interest of B.C., 169 Ga.App. 200 (1983) (probation-revocation procedures; revocation requires petition)