Gutierrez v. State

Summary

The Georgia Supreme Court held that the superior court had jurisdiction over a 16-year-old charged with armed robbery because the evidence established both a slight change in the location of the money and a transfer of dominion over it. The court affirmed the denial of the motion to transfer the case to juvenile court and overruled Sharp v. State to the extent it allowed armed-robbery liability without any movement of the property.

Holdings

1. In a case involving a juvenile indicted under OCGA § 15-11-28 (b) (2) (A), the superior court may test the sufficiency of the evidence supporting the indictment to determine whether the alleged offense establishes its original subject-matter jurisdiction.
2. Georgia armed robbery requires both a slight change in the location of the property and a transfer of complete dominion over it. Pulling the cash drawer out of the register and exposing the money, in response to the robbers' armed demand, satisfied both requirements even though the robbers did not physically touch or remove the money.

Questions Presented

1. Whether the superior court had jurisdiction over a juvenile charged with armed robbery when the evidence showed that the money was moved from its secured location but was not physically removed from the cash register.
2. Whether Georgia's asportation requirement for armed robbery requires both a slight change in the property's location and a transfer of complete dominion over the property.

Disposition

affirmed