J.G.J. v. State

Full title: J.G.J. v. State

Court: Court of Criminal Appeals of Alabama

Date published: Sep 28, 2001

814 So. 2d 313 (Ala. Crim. App. 2001)

Opinion

No. CR-00-0951.

Decided September 28, 2001.

Appeal from Lauderdale Juvenile Court (JU-98-445.05 through -.10).

Heath F. Trousdale, Florence, for appellant.

Bill Pryor, atty. gen., abd Joseph G.L. Marston III, asst. atty. gen., for appellee.

McMILLAN, Presiding Judge.

AFFIRMED BY UNPUBLISHED MEMORANDUM. Baschab and Wise, JJ., concur. Shaw, J., concurs specially, with opinion, which Cobb, J., joins.

SHAW, Judge, concurring specially.

I concur in affirming J.G.J.'s adjudication of delinquency; however, I question the wisdom of allowing an erroneous finding of guilt as to one of the charged offenses on which that adjudication was based to go uncorrected by either this Court or the trial court. In Chambers v. State, 497 So.2d 607, 611 (Ala.Crim.App. 1986), this Court noted:

"The juvenile court's finding that Chambers was guilty of second degree theft . . . is due to be reversed.

". . . .

". . . Since the State only proved that the total of all the missing property was $21, Chambers' adjudication of guilty of theft in the second degree cannot stand."

I would prefer that this Court either vacate the erroneous finding or remand the case with instructions for the juvenile court to do so.