in the Court of Appeals 6 September 2017.
by Defendant from orders entered 17 October 2016 and 2
November 2016 by Judge Regina Joe in Hoke County No. 15-JB-23
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Stephanie A. Brennan, for the State.
Rawls, for the Defendant-Appellant.
Ryan, appeals from a 2 November
2016 order committing him to a youth development
center for a minimum of six months up to his eighteenth
birthday. On appeal, he contends that the trial court had
already filed a written dispositional order on 17 October
2016 continuing him on probation, and therefore the trial
court lacked subject matter jurisdiction to enter a second
dispositional order on the probation violations when it had
already entered a disposition order and no new motion for
review was pending. We agree.
Order entered 20 January 2016, Ryan was adjudicated
delinquent upon pleading guilty to various charges of
breaking and/or entering, common law robbery, felony larceny,
breaking and/or entering [a] motor vehicle, and intimidating
a witness. The order placed Ryan under probation for a period
of twelve months.
August 2016, juvenile court counselor Damain Terry filed two
Probation Violation-Motion[s] for Review in Hoke County
District Court alleging that Ryan violated the terms and
conditions of the probation imposed on him on 16 December
2015 in that:
1. [Ryan] left the home without parents' permission on
the 17th day of July 2016 and not returning back [sic] to the
2. [Ryan] failed to comply with curfew by leaving the home on
the 17th day of July 2016 and not returning home.
3. [Ryan] left the home without parents' permission on
the 7th day of July 2016 and returning back [sic] to the home
until the 8th day of July 2016.
4. [Ryan] failed to comply with curfew by leaving the home on
the 7th day of July 2016 and not returning home until the 8th
day of July 2016.
admitted to these violations on 12 September 2016. A
dispositional hearing was conducted on 17 October 2016, and
Judge Joe orally announced that she was ordering the active
commitment of Ryan to a Youth Development Center
("YDC"). Later that day, the written disposition
order was entered referencing the 12 September 2016 hearing
date. This order continued Ryan on probation, and was signed
by Judge Joe. No further probation violation motions were
pending at the time. However, ...