B. A. C. was found delinquent arising out of an incident that occurred on April25, 2007, when he was 16 years old, when he accosted a woman with a weapon and stole her car. He was charged with six acts but adjudicated delinquent of only three: kidnapping, hijacking a motor vehicle, and aggravated assault. On appeal, he contends that a fatal variance exists between the allegations and the proof at trial with regard to the charges of aggravated assault and hijacking a motor vehicle and that the evidence was insufficient to support the finding of delinquency for the act of kidnapping. 1. Count 2 of the delinquency petition alleges that B. A. C. committed the delinquent act of hijacking a motor vehicle “while in possession of a weapon, to wit: a long black pipe . . .” Count 3 alleges that B. A. C. committed the delinquent act of aggravated assault “with a black pipe . . .” At trial, the victim testified that B. A. C. committed these crimes with what appeared to be “a black rod.” She testified that he threatened to “bash her head” if she did not comply with his demands. At trial, a detective testified that officers recovered from the victim’s vehicle a black sword in a sheath, approximately 12 inches in length. He also described it as “cylindrical” and “rod-like.”
We find no fatal variance. First, the evidence does not preclude the conclusion that B. A. C. committed the offenses with something other than the sword that was recovered from the victim’s vehicle. But even if we were to assume that the sword was the implement used to commit the offenses, we find no error. In order to satisfy the requirements of due process, a petition alleging juvenile delinquency “must pass two tests: 1 it must contain sufficient factual details to inform the juvenile of the nature of the offense; and 2 it must provide data adequate to enable the accused to prepare his defense.” T. L. T. v. State , 133 Ga. App. 895, 897 1 212 SE2d 650 1975. Any distinction between a black rod and a cylindrical, rod-like, black sword in a sheath did not prevent B. A. C. from having sufficient factual details regarding the charged offense or from preparing his defense. See, e.g., Moore v. State , 216 Ga. App. 450 2 454 SE2d 638 1995 no fatal variance between allegation that victim was struck with a “certain stick” —”the butt end of a boat oar which had been sawed off and then squared off,” and testimony that the victim was struck with a “blackjack” —a “foot-and-a-half long piece of hard, black rubber” which was “flexible” and “weighted at one end or the other”. Compare In Interest of M. W. , 218 Ga. App. 658 462 SE2d 796 1995 fatal variance found.
