A juvenile court adjudicated 14-year-old P. R. delinquent for an act which, if committed by an adult, would constitute the crime of theft by taking a motor vehicle. Following a dispositional hearing, the court sentenced P. R. under OCGA § 15-11-63, which classifies certain offenses as “designated felony acts” and ordered that he be placed in the custody of the Georgia Department of Juvenile Justice for five years. P. R. appeals, contending that his sentence is void because he did not commit a “designated felony act.” We agree that the trial court improperly sentenced P. R. We therefore vacate the sentence, and remand the case for resentencing. The facts are undisputed. P. R. admitted to entering four automobiles with the intent to commit a theft and to theft by taking a motor vehicle during the late night hours of December 26, 2005, as alleged in the four separate petitions filed in the juvenile court on December 30, 2005.1 In sentencing P. R. for a designated felony act, the trial court noted that P. R. had previously been adjudicated delinquent for 1 terroristic threats in February 2005, and 2 for possession of tobacco, possession of marijuana, and violation of probation in March 2005.
OCGA § 15-11-63 a 2 B vii provides that a “designated felony act” includes “an act which . . . if done by an adult, would be a felony, if the child committing the act has three times previously been adjudicated delinquent for acts which, if done by an adult, would have been felonies.” Both theft by taking a motor vehicle and entering an automobile with the intent to commit a theft would be felonies if committed by an adult. See OCGA § § 16-8-2, 16-8-12 a 5 A, and 16-8-18. And in order for any of P. R.’s acts to be considered a “designated felony act,” it must be part of a fourth or more adjudication of delinquency for acts which, if done by an adult, would have been felonies.
