State v. T. M. H.

I respectfully dissent from the majority’s conclusion that OCGA § 49-4A-9 (e) applies to a juvenile who is sentenced to the Department of Corrections (the “DOC”), but is thereafter “committed” by the DOC to the Department of Juvenile Justice (the “DJJ”) until his seventeenth birthday. I believe that OCGA § 17-10-14 (a) is the controlling statute in the instant case and that the DJJ was bound to transfer T. M. H. back to the DOC upon his seventeenth birthday. Accordingly, I contend that the trial court’s orders probating and releasing T. M. H. was without authority and should be reversed.

The…