In the Interest of A. D.

The Court reversed the delinquency adjudications of two boys based on charges of battery and violation of the Georgia Street Gang Terrorism and Prevention Act because the state failed to show that the boys' gangs fit the definition of a criminal street gang.

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Following a bench trial, A. D. and J. W. were adjudicated delinquent based on charges of battery and of violating the Georgia Street Gang Terrorism and Prevention Act, OCGA § 16-15-1 et seq. the “Act”, arising out of a fight involving the two boys and a third person. Both appellants solely challenge the sufficiency of the evidence of gang activity. The two cases have been consolidated for the purpose of appeal. On appeal, “the relevant question is 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.” Citation omitted; emphasis in original. Jackson v. Virginia , 443 U. S. 307, 310 III B 99 SC 2781, 61 LE2d 560 1979. See also In the Interest of J. L. H. , 289 Ga. App. 30 656 SE2d 160 2007 re: delinquency proceedings. And “an adjudication of delinquency cannot be based on hearsay, as hearsay is inadmissible, without probative value, and carries no weight whatsoever in establishing a fact.” Citations and punctuation omitted. In the Interest of C. G. , 261 Ga. App. 814 1 584 SE2d 33 2003.

The State presented one witness, Detective Choice Barnes of the Valdosta Police Department, who is also a member of the “Gang Task Force.” Barnes testified that on October 6, 2010, he investigated an incident that occurred on October 5. Thus, he was not a witness to the events. He spoke to the victim and a witness that day, but neither testified at trial, and therefore their statements are pure hearsay, which ” ‘has no probative value even if it is admitted without objection.’ Cit.” Jones v. State , 271 Ga. 516, 517 2 520 SE2d 454 1999. Even with regard to the victimallegedly a childthe child hearsay statute only allows such testimony for children less than 14 years of age, OCGA § 24-3-16, and no evidence was presented as to the victim’s age.

In the Interest of A. D.

The Court reversed the delinquency adjudications of two boys based on charges of battery and violation of the Georgia Street Gang Terrorism and Prevention Act because the state failed to show that the boys' gangs fit the definition of a criminal street gang.

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