In the Interest of C. G.

Although the state cannot initiate a charge of involuntary manslaughter against a 16-year-old in the superior court, the superior court can prosecute such a charge upon a proper transfer of the case from the juvenile court pursuant to O.C.G.A. § 15-11-30.2 a.

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The Juvenile Court of Carroll County transferred delinquency proceedings concerning C. G. to the Superior Court of Carroll County pursuant to OCGA § 15-11-30.2. C. G. appeals,1 contending that the superior court lacks subject matter jurisdiction over the charge of involuntary manslaughter and that an earlier order transferring the case from the superior court to the juvenile court barred relitigation of the transfer issue. Finding no error, we affirm. The record shows the following. On April 26, 2004, an eight-year-old girl, A. Y., was found dead in a wooded area near her home; she had been strangled. C. G., who was sixteen years old on the date of A. Y.’s death, later confessed to killing her. On November 3, 2006, the District Attorney for the Coweta Judicial Circuit indicted C. G. for involuntary manslaughter in connection with A. Y.’s death.2 On July 31, 2007, the superior court transferred the case to the juvenile court pursuant to OCGA § 15-11-30.4,3 after concluding that the superior court had neither exclusive nor concurrent jurisdiction over the matter under OCGA § 15-11-28 b .4 On December 19, 2007, the juvenile court held a hearing on, and subsequently granted, the State’s motion to transfer the case to the superior court pursuant to OCGA § 15-11-30.2.

1. C. G. contends that the superior court lacks subject matter jurisdiction over the case because the superior court has neither exclusive nor concurrent jurisdiction under OCGA § 15-11-28 b over a child who is alleged to have committed involuntary manslaughter. As a result, C. G. contends, the juvenile court erred in transferring the case to the superior court. In effect, C. G. argues that a juvenile court lacks any authority to transfer to the superior court a case which falls within the juvenile court’s exclusive jurisdiction, as set out in OCGA § 15-11-28 a 1 A.5 This is incorrect.

In the Interest of C. G.

Although the state cannot initiate a charge of involuntary manslaughter against a 16-year-old in the superior court, the superior court can prosecute such a charge upon a proper transfer of the case from the juvenile court pursuant to O.C.G.A. § 15-11-30.2 a.

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