On January 5, 2009, D. L. appeared before the Juvenile Court of Fulton County for a detention and probable cause hearing following his arrest for armed robbery with a firearm when he was 16 years old. D. L.’s counsel moved to dismiss the case because the arresting officer was not present and the police report did not link D. L. to the crime. The state argued that probable cause existed, moved that D. L.’s motion to dismiss be denied, and requested the juvenile court to issue an petition charging D. L. with armed robbery with a firearm. The state’s request was granted on January 6, 2009. On February 6, 2009, thirty days after the petition had been filed in juvenile court, the state decided to try D. L. in superior court and filed a motion to dismiss for lack of jurisdiction in the juvenile court. The juvenile court conducted a hearing on the state’s motion and issued a written order denying the motion. The juvenile court specifically found that it had acquired jurisdiction through the filing of the petition and that the state had failed to properly request a transfer of the case. The state appeals from that order pursuant to OCGA § 5-7-1 A 5, arguing the juvenile court did not have jurisdiction and entered a void order. We find that the juvenile court erred in denying the state’s motion to dismiss on the ground that the state had failed to file a motion to transfer. However, despite the juvenile court’s erroneous order, we are constrained to dismiss the state’s appeal because the state is not authorized to appeal the juvenile court’s order.
1. Under OCGA § 15-11-28 b 2 A vii, the superior court has exclusive jurisdiction over the trial of any child 13 to 17 years of age who is alleged to have committed armed robbery with a firearm. Before indictment, however, the district attorney may, after investigation and for extraordinary cause, decline prosecution in the superior court of a child 13 to 17 years of age alleged to have committed armed robbery with a firearm. Upon declining such prosecution in the superior court, the district attorney shall immediately cause a petition to be filed in the appropriate juvenile court for adjudication.1 The state may commence a delinquency proceeding in juvenile court by causing a petition to be filed.2 Once such a petition is filed in a case charging armed robbery with a firearm, a juvenile court acquires concurrent jurisdiction over the juvenile.3 However, contrary to the juvenile court’s finding, the fact that the juvenile court obtained concurrent jurisdiction in this case does not mandate that the state file a motion to transfer and follow the transfer provisions of OCGA § 15-11-30.2 a and b before the juvenile court is required to transfer this case to the superior court.
