In the Interest Of: A. C., a Child
805 S.E.2d 911
Ga. Ct. App.2017Background
- A. C., a juvenile, was adjudicated delinquent for one count of theft by receiving stolen property after police found a stolen white GMC 2500 abandoned with doors open near railroad tracks.
- The truck had been stolen from Allen Strickland’s business at ~2:00 a.m.; the discovery and pursuit occurred the next day during a burglary-in-progress response.
- A Valdosta PD lieutenant saw two males run from the abandoned truck and radioed a description, including clothing.
- Within seconds, another officer located A. C. ~40 yards from the truck wearing clothing matching the radio description (red shirt, light shorts); railroad employees pointed him out.
- A police dog tracked and helped apprehend A. C., who was handcuffed and returned to the scene; the lieutenant identified him as one of the runners “down to the clothing.”
- The juvenile court found A. C. guilty of receiving the stolen GMC truck but not guilty on separate burglary and a second theft-by-receiving count for another truck.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence to support adjudication for theft by receiving stolen property | A. C.: evidence only shows mere presence near the truck; insufficient to prove participation or receipt | State: matching description, flight from abandoned truck, proximity, and identification by lieutenant and witnesses allow inference of participation/receipt | Court: Evidence sufficient; viewing facts and reasonable inferences for the juvenile court, a reasonable factfinder could find guilt beyond a reasonable doubt |
Key Cases Cited
- In the Interest of D. D., 310 Ga. App. 329 (affirming standard of review for juvenile adjudications) (court applied deferential review to factfinder)
- In the Interest of H. A., 311 Ga. App. 660 (trier of fact resolves credibility and conflicts)
- In the Interest of B. R., 289 Ga. App. 6 (flight is a circumstance probative of guilt)
- In the Interest of R. J. S., 277 Ga. App. 74 (apprehension after flight based on clothing description sufficient to support party-to-crime finding)
- In the Interest of S. D. T. E., 268 Ga. App. 685 (witness identification by clothing of one who fled scene with stolen vehicles supports party-to-crime finding)