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State v. Baxter

A juvenile defendant cannot waive the 180-day time limitation set forth in O.C.G.A. § 17-7-50.1 for the State to obtain an indictment against the juvenile defendant.

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This case presents an issue of first impression concerning the application of OCGA §17-7-50.1, specifically, whether the 180-day time limitation for the State to obtain an indictment can be waived by a juvenile, thereby allowing the superior court to retain jurisdiction. For the reasons that follow, we conclude that the waiver was not valid and affirm the trial court’s order transferring the case to the juvenile court.

On February 4, 2014, Baxter was arrested and taken into custody for one count of aggravated sexual battery. Although he was 16 years old at the time , the superior court had exclusive original jurisdiction over his case pursuant to OCGA § 15-11-560 b 7.1 On March 13, 2014, counsel for Baxter and the State met in chambers to discuss the case. The meeting was not transcribed, but during a December 2014 hearing on the State’s Motion to Perfect the Record, the Assistant District Attorney testified that there was some discussion about whether Baxter’s case could be transferred to juvenile court after indictment, and as a result of those discussions, counsel for Baxter indicated that his client would waive the 180-day time limit for indictment.

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