Delaney v. State

Petitioner appeals the denial of his petition for post-conviction relief, contending that his conviction in the circuit court for theft is void, because he was 17 years old when he was indicted and had not been remanded to adult court and the juvenile court, therefore, had exclusive jurisdiction in this case. We vacate the conviction.

Petitioner was born November 15, 1960. He was indicted for theft, arrested on the indictment and released in March, 1978, at a time when he was still 17 years old. There had been no juvenile court proceeding and no remand on the charge. He immediately left the…