In the Interest of D. C.

The state complied with O.C.G.A. § 15-11-30.2 a 3's requirements in transferring the juvenile's criminal case to superior court.

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This appeal is from a September 2009 order issued by the Juvenile Court of Newton County transferring a criminal case against a juvenile, D. C., to the superior court. D. C. challenges the court’s order, contending that the order does not comply with statutory requirements, the State failed to establish the substantive elements necessary to transfer the case, the court erred in admitting hearsay during the transfer hearing, and the court erred in improperly limiting his cross-examination of a witness. For the following reasons, we affirm. 1. D. C. contends that the juvenile court erred in transferring the case to superior court because the State did not establish the requirements of OCGA § 15-11-30.2 a. He also complains that the court’s order does not comply with the statute’s requirements.

Pursuant to OCGA § 15-11-30.2 a 3, if the State files a delinquency petition in the juvenile court alleging that a child committed a criminal act and the child was at least 15 years old at the time of the criminal act, the court before hearing the petition on its merits may transfer the offense for prosecution to the superior court if, following timely notice and a hearing on whether the transfer should be made, the juvenile court in its discretion determines there are reasonable grounds to believe that: A The child committed the delinquent act alleged; B The child is not committable to an institution for the mentally retarded or mentally ill; and C The interests of the child and the community require that the child be placed under legal restraint and the transfer be made. On appeal from an order transferring a case from juvenile court to superior court, the function of this Court is limited to ascertaining whether there was some evidence to support the juvenile court’s determination that the requirements of OCGA § 15-11-30.2 have been met, and absent an abuse of discretion, we will affirm the order transferring jurisdiction. In the Interest of R. W. , 299 Ga. App. 505, 506 683 SE2d 80 2009.

In the Interest of D. C.

The state complied with O.C.G.A. § 15-11-30.2 a 3's requirements in transferring the juvenile's criminal case to superior court.

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