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In the Interest of J. H.

The juvenile court erred in allowing the State to make a material amendment to the juvenile delinquency petition after the delinquency hearing had commenced absent proper notice and service.

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The sole issue in this case involves the juvenile court’s interpretation of OCGA § 15-11-523, which governs the amendment of a juvenile delinquency petition. After a delinquency hearing had commenced, the juvenile court permitted the prosecuting attorney to orally amend the petition to prosecute one of the charges – Criminal Gang Activity – as a Designated Felony. This court granted the juvenile’s application for interlocutory appeal, and for the reasons that follow, we reverse the trial court’s order allowing the amendment.

The State filed a petition seeking an adjudication of delinquency against 15-year-old J. H., alleging that he had committed four offenses that would have constituted crimes if he had been an adult: burglary, reckless driving, fleeing or attempting to elude a police officer, and criminal gang activity. After the adjudication hearing began on April 28, 2015, J. H. entered admissions to the first three offenses of burglary, reckless driving, and fleeing or attempting to elude, but denied the charge of gang activity. After advising J. H. of his rights and asking the prosecutor what the evidence would show regarding those charges, the juvenile court found a factual basis for the admissions and accepted them. The court then instructed the prosecuting attorney to call the first witness on the offense of gang activity.

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