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IN THE INTEREST OF S. B. B., a child.
A98A1897.
JOHNSON, Presiding Judge.
Judgment affirmed. Smith, J., and Senior Appellate Judge Harold R. Banke concur.
Juvenile; transfer to superior court. Clarke Juvenile Court. Before Judge McDonald.
Sixteen-year-old S. B. B. was charged with armed robbery and aggravated assault. After a hearing, the juvenile court ordered the case transferred to superior court pursuant to OCGA 15-11-39. S. B. B. appeals, alleging the state failed to prove: (1) that he participated in the acts alleged; and (2) that he was not amenable to treatment in the juvenile system. For the following reasons, we affirm.
OCGA 15-11-39 (a) (3) provides in relevant part that a juvenile court may transfer a case to an appropriate court if, in its discretion, it determines there are reasonable grounds to believe the child committed the delinquent acts alleged; the child is not committable to an institution for the mentally ill or retarded; and the interests of the child and the community require that the child be placed under legal restraint and the transfer be made.
1. Evidence that S. B. B. participated in the acts alleged. "The function of the appellate court is limited to ascertaining whether there was some evidence to support the juvenile court's determination. Determinations of a juvenile court made on an exercise of discretion, if based upon evidence, will not be controlled by this court." (Citation and punctuation omitted.) In the Interest of K. S. K., 216 Ga. App. 257, 258 (2) (454 SE2d 165) (1995).
committed the delinquent acts charged. See generally In the Interest of K. L. L., 204 Ga. App. 320, 321 (2) (419 SE2d 312) (1992).
2. Amenability to treatment. The state did not seek a transfer based on non-amenability to treatment, and the juvenile court did not rely on that ground in ordering the transfer. Instead, based on the severity and viciousness of the offenses, the juvenile court found that the public interest in treating S. B. B. as an adult outweighed his interest in being treated as a juvenile. It is not necessary to prove the juvenile's amenability to treatment in the juvenile system where the interest of the community mandates a transfer. In the Interest of C. D. B., 214 Ga. App. 655, 656 (2) (449 SE2d 1) (1994); see In the Interest of A. G., 265 Ga. 481 (458 SE2d 343) (1995). The juvenile court did not abuse its discretion in ordering the matter transferred to superior court. In the Interest of A. F, 214 Ga. App. 440, 442 (2) (448 SE2d 11) (1994).
Harry N. Gordon, District Attorney, Kirk M. Thomas, Assistant District Attorney, for appellee.
Pete, Pete & Associates, Anthony T. Pete, for appellant.
DECIDED OCTOBER 16, 1998.
Thursday January 8 12:56 CST


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