In the Interest of M. D. H.

The Court rejected the juvenile's contention that, under O.C.G.A. § 15-11-521 subsection b, the Legislature intended for an untimely delinquency petition to be dismissed with prejudice because that subsection does not specifically provide for a dismissal without prejudice, as subsection a does.

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M. D. H., a juvenile, appeals from the juvenile court’s order granting his motion to dismiss a delinquency petition filed against him. In its order, the juvenile court dismissed the petition without prejudice. On appeal, M. D. H. contends that the juvenile court should have dismissed the petition with prejudice because the State failed to comply with the deadline for filing a petition alleging delinquency under OCGA § 15-11-521 b. Because M. D. H. raises the same issue in both Case Nos. A15A1289 and A15A1908, we consolidate these cases on appeal. For the following reasons, we affirm.

On December 5, 2014, a complaint was filed against M. D. H. with the Juvenile Court of Cherokee County. The complaint alleged that M. D. H. sent threatening text messages telling people he was going to bring guns to school . . . and threatened to kill his friend if he told anyone about his plans. On that same day, a detention hearing was held, and the child was not detained. On January 6, 2015, a petition alleging delinquency was filed in the juvenile court. On January 12, 2015, M. D. H. filed a motion to dismiss the complaint because the petition was not filed within 30 days of the complaint, as required by OCGA § 15-11-521 b. No request for an extension of time was filed. After a hearing, in which the State conceded that the petition had been filed a day late, the juvenile court dismissed the complaint without prejudice. In Case No. A15A1289, M. D. H. appeals from the juvenile court’s dismissal of the complaint, arguing that the dismissal should have been with prejudice under the terms of OCGA § 15-11-521.

In the Interest of M. D. H.

The Court rejected the juvenile's contention that, under O.C.G.A. § 15-11-521 subsection b, the Legislature intended for an untimely delinquency petition to be dismissed with prejudice because that subsection does not specifically provide for a dismissal without prejudice, as subsection a does.

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