In the Interest of D. W. B.

The evidence satisfied all of the statutory criteria for transfer to superior court of the 16-year-old juvenile's prosecution for cocaine trafficking, marijuana possession with intent to distribute and two firearms offenses.

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A delinquency petition was filed, alleging that the 16 year-old appellant had committed the offenses of trafficking in cocaine OCGA § 16-13-31 a, possession of marijuana with the intent to distribute OCGA § 16-13-30 j, and two counts of possession of a firearm during the commission of a felony OCGA § 16-11-106, one as to a Ruger 9 mm pistol and the other as to a Kimar 8 mm pistol. Acting under OCGA § 15-11-39, the juvenile court conducted a hearing to determine whether to transfer the appellant for prosecution in the superior court. The juvenile court ordered the transfer, and the appellant appeals.1

1. Appellant’s claim to the contrary notwithstanding, the record shows that the juvenile court issued the complained of transfer order upon the express finding that reasonable grounds existed to believe that “the appellant is not committable to an institution for the mentally retarded or mentally ill.” See OCGA § 15-11-30.2 a 3 B. Accordingly, there is no error on this account. Further, while the appellant variously faults the psychologist’s determination that the appellant was not committable as mentally retarded, the juvenile court did not abuse its discretion in finding that the appellant was not committable upon the conclusion of its mental health expert to such effect.2 Where there is evidence in support of a condition upon which transfer may be ordered, the juvenile court does not abuse its discretion in finding the same as a matter of law. See D. T. R. v. State of Ga., 174 Ga. App. 695, 697 331 SE2d 70 1985 “The juvenile court does not abuse its discretion where there is evidence in support of the transfer. Cit.”

In the Interest of D. W. B.

The evidence satisfied all of the statutory criteria for transfer to superior court of the 16-year-old juvenile's prosecution for cocaine trafficking, marijuana possession with intent to distribute and two firearms offenses.

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