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In Re: S.B.
In Re: S.B.
Listen to this articleJuvenile law — Sufficiency of the evidence — Attempted theft
On May 9, 2018, S.B. (“Appellant”) was charged with a five-count juvenile petition, filed in the Circuit Court for Baltimore City, sitting as a juvenile court with attempted robbery, conspiracy to commit robbery, two counts of attempted theft and assault. After an adjudication hearing before the magistrate, Appellant was found “facts-not-sustained” on all counts. The magistrate believed the testimony of the defense witness over the testimony of the State witness, and therefore, decided that the State had failed to prove its case beyond a reasonable doubt.
The State filed an exception, and the circuit court reversed the magistrate’s findings, determining that the magistrate erred in granting a motion of acquittal during the adjudicatory hearing and finding facts not sustained on the second-degree assault charge. The circuit court remanded the case back to the juvenile court, instructing the magistrate to continue the adjudicatory hearing as to Appellant’s case and to consider all of the charged offenses in ruling on the case.
