J.G.J. v. State

1 Citing case

  1. P.J.B. v. State

    No. CR-05-1026 (Ala. Crim. App. Sep. 29, 2006)

    I am aware that, based on this Court's holding in Chambers v. State, P.J.B.'s adjudication of delinquency could stand even if the majority had examined the merits of the terrorist-threat charge and set aside the finding of guilt as to it. However, I joined Judge Shaw in a special concurrence in J.G.J. v. State, 814 So. 2d 313, 313 (Ala.Crim.App. 2001), a case presenting the same circumstances as those before us. Judge Shaw stated: "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." Not only do I believe that the case should be remanded with instructions for the juvenile court to vacate the erroneous finding of guilt, I also believe that the juvenile court should have the opportunity to reconsider its delinquency adjudication and its disposition, without consideration of the finding of guilt as to the terrorist-threat count.