On December 1, 2023, Harris filed a motion to transfer his case to the juvenile court pursuant to OCGA § 17-7-50.1, arguing that, because he had been consistently detained since the date of his arrest, the State was required to indict him within 180 days, and because the November 2023 reindictment was returned outside that 180-day time period, the superior court no longer had jurisdiction over his case. On December 7, 2023, the superior court held an evidentiary hearing on Harris’s motion to transfer, and on December 11, 2023, the superior court granted the motion, relying largely on the statutory analysis undertaken by the Court of Appeals in State v. Armendariz, 316 Ga. App. 394, 729 S.E.2d 538 (2012). The State appealed the superior court’s decision to this Court.
1 (b). See also Edwards v. State, 323 Ga.App. 864, 868, 748 S.E.2d 501 (2013) (180-day time limit was not tolled when the accused was released on bail, and superior court lost jurisdiction once that time limit expired without the case being presented to grand jury, absent a motion by the State to extend the time); State v. Armendariz, 316 Ga.App. 394, 397 (1), 729 S.E.2d 538 (2012) (the clock did not stop running when some charges were deemed invalid, and superior court lost jurisdiction when the 180-day period expired without an extension); In the Interest of C.B., 313 Ga.App. 778, 780, 723 S.E.2d 21 (2012) (superior court lost jurisdiction when 180-day time limitation expired, and juvenile court could not transfer the case back to superior court, as any subsequent indictment would be void); Nunnally v. State, 311 Ga.App. 558, 561 (1), 716 S.E.2d 608 (2011) (once the 180-day time period expired without an extension, the superior court lost jurisdiction of the case, and the grand jury lost authority to indict); Hill v. State, 309 Ga.App. 531, 532–535, 710 S.E.2d 667 (2011) (superior court lacked jurisdiction when the juvenile was indicted because the 180-day time limit had expired long before). If the child waives prompt presentation before the time has expired, the condition that divests the superior court of jurisdiction—the expirati
The juvenile court was not reviewing the superior court's order; it was assessing its own jurisdiction. See generally State v. Armendariz , 316 Ga. App. 394, 396-397 (1), 729 S.E.2d 538 (2012) (explaining that the procedure established in OCGA § 17-7-50.1 pertains to jurisdiction). So in our view, the correctness of the juvenile court's decision to transfer the case back to the superior court breaks down into three more fundamental questions: Could the juvenile court decide for itself whether it had jurisdiction to adjudicate the claims against R. J. A.?
Although the superior court had exclusive original jurisdiction over Baxter's case, it could not unilaterally extend that jurisdiction indefinitely, contravening the plain language of the statute. See Edwards v. State, 323 Ga.App. 864, 868, 748 S.E.2d 501 (2013) (180–day limitation for State to obtain an indictment is not tolled when accused is released on bond; once 180–day time limit expired without case being presented to grand jury and absent motion to extend time by the State, superior court lost jurisdiction over case); State v. Armendariz, 316 Ga.App. 394, 396 –397(1), 729 S.E.2d 538 (2012) (180–day period was not tolled when, prior to the expiration of the period, some of the charges against the accused were deemed invalid); Nunnally, 311 Ga.App. at 561(1), 716 S.E.2d 608 (when specified time limitation authorizing jurisdiction is exceeded, trial court loses jurisdiction over case); Hill, 309 Ga.App. at 533–535, 710 S.E.2d 667 (juvenile court lacked jurisdiction at time juvenile was indicted, approximately 300 days after his detention began). See In the Interest of C.B., 313 Ga.App. 778, 780–781, 723 S.E.2d 21 (2012) (juvenile court could not negate statutory time limitations by transferring case back to superior court after superior court transferred case to juvenile court based on State's failure to indict juvenile within 180 days of detention).
” Id. at 780, 723 S.E.2d 21. Somewhat more similar to the case before us, in State v. Armendariz, 316 Ga.App. 394, 729 S.E.2d 538 (2012), we considered whether the 180 days was tolled when some of the charges pending against the accused were deemed invalid. It is clear that OCGA § 17–7–50.
After the State nolle prossed the April 2016 indictment, Coleman filed a motion to transfer his case to juvenile court, arguing that, because the March 2018 indictment was returned outside the 180-day time limit set by OCGA § 17-7-50.1, the Superior Court no longer had jurisdiction. Relying on the Court of Appeals’ decisions in Edwards v. State , 323 Ga. App. 864, 748 S.E.2d 501 (2013) and State v. Armendariz , 316 Ga. App. 394, 729 S.E.2d 538 (2012), the trial court granted Coleman’s motion to transfer. The State appeals, arguing that the trial court granted the motion in error.