In re T.E.D.
- Reporters:
- ,
- Before:
- Shulman
T.E.D., а 14-year-old juvenile from South Carolina, was arrested by Georgia state troopers on August 10,1982, after a high speed auto chase which resulted in the death of one man. Citations were issued to T.E.D. for various traffic offenses, assault with a motor vehicle, and vehicular homicide. A petition alleging delinquency was filed on August 13, and a hearing on the petition was held on August 20. The hearing was not reported and no findings were filed by the trial court. However, the рarties agree that, on August 20, the trial court orally ordered that the child bе returned to South Carolina. On August 23, the trial court revoked all orders enterеd in the case, reopened the case, and rescheduled the hеaring for August 25. Pursuant to the juvenile’s request, the hearing was continued. On August 27, a petitiоn to transfer jurisdiction of the case to the superior court was filed аnd a hearing on that petition scheduled for September 1. The juvenile filed a plea in bar and objection to the transfer petition, which motion was denied at the September 1 hearing. Counsel for the *323juvenile then presented the court with a notice of appeal from the order denying the plea in bar and objection to the transfer and requested that the proceedings terminate with the filing of the notice of appeаl. The request was denied, the transfer hearing was held, and an order transferring the juvenile to superior court to be tried for murder was entered. The juvenile has appealed from the denial of his plea in bar and objection to the transfer as well as the trial court’s refusal to terminate the transfer hearing upon presentation of the notice of appeal.
The Juvenile Court Code of Georgia (OCGA Ch. 15-11 (Code Ann. Title 24A)) requires that a trial court set a date for a hearing on a petition alleging delinquency, whiсh date “shall not be later than ten days after the filing of the petition” if the сhild is in detention.
The case now before us presents a situation in which a hearing on the petition alleging delinquency was tinlely held but was neither recorded nor followed by the making and filing of findings by the presiding judge. The state wishes to take advantage of these errors of the triаl court by asserting that the errors completely voided the proceedings and placed the case in a posture where a petition alleging delinquency had been filed but no hearing held. We refuse to condоne such a procedure or such a result. Since the parties agrеe that a hearing was held on August 20 and that the trial court issued an order during the hеaring, and since we believe that both a transcript of the hearing and a written version of the trial court’s order are material to the present appeal, we remand the case to the juvenile court with direсtion that the court reduce to writing its findings and conclusions of August 20 and that a transсript of the August 20 proceedings be prepared pursuant to
Case remanded with direction.
McMurray, P. J., and Birdsong, J., concur.