Nunnally v. State

The trial court erred in denying the defendant's motion to quash his indictment, as the plain language of O.C.G.A. § 17-7-50.1 mandated the transfer of his case to the juvenile court because he was not indicted within 180 days of his detention.

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After the grant of an interlocutory appeal, Jihad Kabir Nunnally appeals the trial court’s denial of his motion to quash his indictment and to transfer his case to the juvenile court for disposition. He contends the trial court erred by refusing to transfer his case to juvenile court because OCGA § 17-7-50.1 required that he be indicted within 180 days after he was detained or that his case be transferred. As OCGA § 17-7-50.1 mandates the transfer of Nunnally’s case to juvenile court, we must vacate the order of the trial court. The record shows that Nunnally was arrested on October 2, 2009, for aggravated assault, armed robbery with a firearm, and possession of a firearm during the commission of a felony. Although he was 16 years old at the time, the superior court had jurisdiction over Nunnally’s case because he allegedly committed armed robbery with a firearm. See OCGA § 15-11-28 b 2 A vii.

Nunnally turned 17 years old on December 28, 2009, after which he was transferred to the county jail. On May 4, 2010, 214 days after his arrest, Nunnally was indicted for aggravated assault, armed robbery with a firearm, and possession of a firearm during the commission of a felony. On July 6, 2010, Nunnally moved to quash the indictment and transfer his case to the juvenile court because he was not indicted within 180 days of his detention as required by OCGA § 17-7-50.1.

Nunnally v. State

The trial court erred in denying the defendant's motion to quash his indictment, as the plain language of O.C.G.A. § 17-7-50.1 mandated the transfer of his case to the juvenile court because he was not indicted within 180 days of his detention.

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