In the INTEREST OF S. M. , 817 S.E.2d 690 ( 2018 )

FIFTH DIVISION
MCFADDEN, P. J.,
RAY and RICKMAN, JJ.
NOTICE: Motions for reconsideration must be
physically received in our clerk’s office within ten
days of the date of decision to be deemed timely filed.
http://www.gaappeals.us/rules
July 24, 2018
In the Court of Appeals of Georgia
A18A1221. IN THE INTEREST OF S. M.
RICKMAN, Judge.
The district attorney for the Augusta Judicial Circuit filed a delinquency
petition in the Juvenile Court of Richmond County, alleging that S. M. was
delinquent for committing the act of theft by taking, a misdemeanor, in that S. M took
a cell phone with a value of $1,500 or less from its owner with the intention of
depriving the owner of the property. After initially denying the allegations, S. M.,
who was represented by counsel, formally admitted the allegations and agreed to an
informal adjustment of the matter that included restitution to the victim for the lost
phone. Thereafter, the court held a hearing on the amount of restitution, during which
the State presented evidence on that topic. At the conclusion of the hearing, the court
determined that restitution should be set at $750. The court entered an order for the
informal adjustment, including restitution in that amount, and S. M. appealed from
that order, challenging, for various reasons, only the amount of the restitution
ordered. The State, however, argues that the appeal should be dismissed. We agree.
An informal adjustment is a “disposition of a case other than by formal
adjudication and disposition.” OCGA § 15-11-2 (39).1 Generally, an informal
adjustment holds all charges in abeyance pending completion of certain conditions
in a certain period of time; upon successful completion all charges will be dismissed.
See In Interest of M. T., 223 Ga. App. 615, 616 (478 SE2d 428) (1996). Here, the
court’s order provides for S. M.’s informal adjustment for a period of 90 days. The
order further provides that
This order will not expire until such time as all conditions are met. Any
violations of the conditions herein will result in the matter being set on
the Court’s calendar for a final disposition.
Thus, the order on appeal did not render a final judgment of adjudication and
disposition. See In Interest of J. S. A., _ Ga. App. _ (Case No. A18A0328, decided
June 20, 2018); In the Interest of M. T., 223 Ga. App. at 616. Because “the order
1
In order to proceed with an informal adjustment the child and his or her
parent, guardian, or legal custodian must consent to the adjustment with knowledge
that consent is not obligatory. See OCGA § 15-11-515 (a) (3).
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appealed from is not the final judgment to be entered in the case by any court in
Georgia, this appeal is premature, and the case must be dismissed without prejudice.
[S. M.] is expressly granted permission to file a direct appeal from any subsequent
final judgment.” In Interest of M. T., 223 Ga. App. at 616.
Appeal dismissed. McFadden, P. J., and Ray, J., concur.
3