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In the Interest of L. R. III

The juvenile court's commitment order violated the plain language of O.C.G.A. § 15-11-63 e 1 B because it did not credit the juvenile for time served.

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L. R. III, a juvenile, entered an admission to acts which, if committed by an adult, would constitute the crime of aggravated assault, and further admitted to possession of a weapon by an underage person. Following a dispositional hearing, the juvenile court adjudicated L. R. to be a designated felon and entered a restrictive custody commitment order requiring that he be confined in a youth development center for a statutorily authorized period of time, but expressly declined to give him credit for the time he served in pre-disposition detention. On appeal, L. R. argues that his sentence is unlawful because the governing statute requires that the juvenile court give him credit for time served. For the reasons noted infra, we vacate the trial court’s order and remand for resentencing.

The undisputed facts show that the State filed a delinquency petition alleging that L. R. committed criminal attempt to commit murder, aggravated assault, possession of a weapon by an underage person, and participation in a criminal street gang. The allegations arose out of an incident in which L. R. engaged in a fight with the victim and subsequently shot him, inflicting a non-lethal wound.

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