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In the Interest of A. C

Court of Appeals of Georgia
Sep 3, 2003
587 S.E.2d 210 (Ga. Ct. App. 2003)

Opinion

A03A1317.

DECIDED SEPTEMBER 3, 2003

Delinquency. Upson Juvenile Court. Before Judge Cook.

Irvin Smith, Mark M. Irvin, for appellant.

Tammy M. Griner, for appellee.


A. C. was found guilty in juvenile court of the offense of affray. She argues on appeal that the court erred in finding her delinquent because the State did not prove venue beyond a reasonable doubt. We agree and reverse.

Venue is a jurisdictional fact that the prosecution must prove beyond a reasonable doubt. Graves v. State, 269 Ga. 772, 773(1) ( 504 S.E.2d 679) (1998). "When there is insufficient evidence of venue, the verdict rendered is contrary to law and without sufficient evidence to support it." Id. In order to take judicial notice of any fact, the trial court "must first announce its intention to do so on the record, and afford the parties an opportunity to be heard regarding whether judicial notice should be taken." Id. at 775(4)(a).

In the Interest of J. E., 245 Ga. App. 770, 771 ( 538 S.E.2d 852) (2000).

Here, the State presented no evidence of venue and the juvenile court did not take judicial notice that Upson-Lee High School was in Upson County. Therefore, because the State did not establish the county in which the offense was committed, it has failed to prove venue beyond a reasonable doubt and the evidence is insufficient to support the conviction. Jones v. State, 272 Ga. 900, 901-902 ( 537 S.E.2d 80) (2000); Robinson v. State, 260 Ga. App. 186, 187 (S.E.2d) (2003); In the Interest of J. E., supra.

Accordingly, we reverse A. C.'s conviction. In doing so, we note that retrial is not barred by the Double Jeopardy Clause so long as venue is properly established at retrial. Jones, supra at 905.

Judgment reversed. Barnes and Adams, JJ., concur.


DECIDED SEPTEMBER 3, 2003.


Summaries of

In the Interest of A. C

Court of Appeals of Georgia
Sep 3, 2003
587 S.E.2d 210 (Ga. Ct. App. 2003)
Case details for

In the Interest of A. C

Case Details

Full title:IN THE INTEREST OF A. C., a child

Court:Court of Appeals of Georgia

Date published: Sep 3, 2003

Citations

587 S.E.2d 210 (Ga. Ct. App. 2003)
587 S.E.2d 210

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Cf. In the Interest of A. C, 263 Ga. App. 44, 45 ( 587 SE2d 210) (2003) (adjudication of delinquency reversed…