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State v. T. M. H.

The superior court was authorized to probate the remainder of juvenile defendant's sentence pursuant to O.C.G.A. § 49-4A-9 subsection e.

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After T. M. H., a juvenile, entered into a negotiated guilty plea to armed robbery with a firearm, aggravated assault, and obstruction of a law enforcement officer, he was sentenced by the superior court to ten years with five to serve on the armed robbery count,1 five years to serve on the aggravated assault count, and twelve months to serve on the obstruction of a law enforcement count.2 Each of these sentences was to be served concurrently. Later, as T. M. H.’s seventeenth birthday approached, the superior court held a status conference pursuant to OCGA § 49-4A-9 e to reevaluate his sentence. As a result of that status conference, the superior court entered orders probating the balance of T. M. H.’s sentence. The State now appeals, and we affirm.

T. M. H. was prosecuted as an adult in the superior court, and he was 16 years old at the time of his negotiated plea. The superior court sentenced T. M. H. to confinement in such institution as the Commissioner of the State Department of Corrections may direct.3 Because T. M. H. was sixteen years old at the time of his sentencing, he was committed by the Department of Corrections DOC into the custody of the Department of Juvenile Justice DJJ and housed in a juvenile detention facility.

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