Legal Opinion

Hernandez v. State

Court of Appeals of Georgia

Decided May 5, 2011No. A11A0556Published

1Opinion of the Court

McFADDEN, Judge.

Pedro Hernandez appeals the order denying his motion to dismiss the indictment charging him with theft by receiving stolen property and misdemeanor obstruction of a police officer. Hernandez argues that because he was adjudicated delinquent in juvenile court, his prosecution in superior court is barred by the protections against double jeopardy. Because we conclude that Hernandez was not adjudicated delinquent in juvenile court, we affirm the superior court’s denial of the motion to dismiss.

Hernandez was charged in a juvenile court complaint with misdemeanor obstruction of an…

2Cases cited4 opinions

  1. Breed v. JonesSupreme Court of the United States · 1975
  2. Lincoln v. StateCourt of Appeals of Georgia · 1976
  3. In re M. E. J.Supreme Court of Georgia · 1991
  4. In the Interest of K. L.Court of Appeals of Georgia · 2010

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