In the Interest of S. C.; In the Interest of L. R.

The juvenile court's delinquency rulings were erroneously based solely upon hearsay evidence from a gang investigator with the Valdosta Police Department, who testified as to the events underlying the charges as related to him by third parties.

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S. C. and L. R. appeal from Orders of Commitment issued by the juvenile court adjudicating them guilty of certain designated felonies. On appeal, S. C. and L. R. assert that the evidence was insufficient to support the juvenile court’s adjudications of delinquency because the rulings were based solely upon hearsay evidence. The State concedes that the evidence was insufficient on this ground to support the juvenile court’s judgments, and we accordingly reverse.

Complaints filed in the juvenile court charged both S. C. and L. R. with participation in street gang activity OCGA § 16-15-4, discharging a firearm on a public street OCGA § 16-11-103, and reckless conduct OCGA § 16-5-60. In addition, S. C. was charged with criminal damage to property OCGA § 16-7-23, and L. R. was charged with criminal damage to property in the first degree OCGA § 16-7-22. At the hearing concerning the complaints against both S. C. and L. R., the State’s only witness was an investigator in gang investigations with the Valdosta Police Department. Over numerous hearsay objections from defense counsel, the trial court allowed the investigator to testify as to the events underlying the charges, as related to him by third parties. Based upon this testimony, the trial court adjudicated both S. C. and L. R.. “guilty, at least of the designated felony.” In the Order of Commitment relating to S. C., the juvenile court found that he committed the “Designated Felony Acts” of participation in street gang activity and criminal damage to property. And in the order pertaining to L. R., the juvenile court found that he committed the “Designated Felony Acts” of criminal damage to property in the first degree and participation in street gang activity. They were each ordered confined for 17 months, at which time they would both be 18.

In the Interest of S. C.; In the Interest of L. R.

The juvenile court's delinquency rulings were erroneously based solely upon hearsay evidence from a gang investigator with the Valdosta Police Department, who testified as to the events underlying the charges as related to him by third parties.

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