Following a hearing on March 17, 2010, D. C., a juvenile, was adjudicated delinquent after admitting to the designated felony offenses of theft by taking —motor vehicle1 two acts and violation of probation. D. C. was sentenced to restrictive custody for 24 months, pursuant to OCGA § 15-11-63 b.2 Acting pro se, D. C.’s father filed a notice of appeal3 from the juvenile court’s order, asserting ineffective assistance of counsel. We remand for a hearing on this issue. Construed in favor of the juvenile court’s adjudication of delinquency,4 the evidence shows that on November 9, 2009, D. C. was charged with three acts constituting a designated felony, theft by taking —motor vehicle, in connection with the theft of three golf carts in Peachtree City on October 26, November 4, and November 6, 2009. At the detention hearing held on November 19, 2009, D. C. admitted to one of the three offenses. The juvenile court entered an order placing D. C. on probation for two years. As a special condition of probation, D. C. was required to attend and complete an Outdoor Therapeutic Program OTP in Warm Springs. D. C. acknowledged at the hearing that he understood that the other two charges against him were not being dismissed, and that if he failed to complete the OTP, he could face one to five years on the other charges.
D. C. did not complete the OTP; he was unsuccessfully discharged from it on March 8, 2010. A new petition of delinquency was filed based on the violation of probation. The two outstanding theft by taking charges, as well as the violation of probation charge, were presented to the juvenile court for adjudication at a hearing on March 17, 2010. At that hearing, D. C., who was represented by counsel, admitted to both charges of theft by taking —motor vehicle, as well as to the violation of probation. The juvenile court adjudicated him delinquent based on both theft by taking charges and the probation violation. The juvenile court then found that restrictive custody was necessary and committed D. C. to such custody for a period of 24 months. D. C. appeals, asserting that trial counsel rendered ineffective assistance.
