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In the Interest of T. D. J. Jr.

The sentence of four years in custody following the defendant's adjudication of delinquency was proper, since he was not subject to severe punishment, and he was tried and sentenced as a child in the juvenile justice system where the goal is rehabilitation and treatment of the child rather than punishment.

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On September 14, 2012, one or more individuals fired gunshots at a crowd of people dispersing from a local football game in Macon; the crowd included at least six police officers. T. D. J., Jr., age 14 at the time, was arrested and eventually charged with being delinquent or unruly based on six counts of aggravated assault on a peace officer and one count of possession of a handgun by an underage person; he was also charged with a violation of probation. Following a bench trial held in juvenile court on November 29, 2012, T. D. J. was found guilty on six counts of the lesser included offense of aggravated assault and guilty as charged on the remaining counts. As a consequence, T. D. J. was adjudicated to be a designated felon under OCGA § 15-11-631 , committed to the Department of Juvenile Justice for 60 months, and required to serve 48 of those months in restrictive custody, with credit for 75 days of time served. In reaching the decision on sentencing, the juvenile court considered the child’s needs and best interests, his record and background, the nature and circumstances of the offense, the need for protection of the community, and the age and physical condition of the victim. Following the denial of his motion for new trial, T. D. J. appeals. We affirm.

1. T. D. J. contends the evidence was insufficient to support the adjudication of delinquency. On appeal of a juvenile court’s adjudication of delinquency, this court determines whether after viewing the evidence in the light most favorable to the prosecution, any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. In the Interest of R. J. S., 277 Ga. App. 74 625 SE2d 485 2005; Jackson v. Virginia, 443 U. S. 307, 319 III B 99 SC 2781, 61 LE2d 560 1979.

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