Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re R.S.M

Court of Appeals of North Carolina

December 19, 2017

IN THE MATTER OF: R.S.M

          Heard in the Court of Appeals 6 September 2017.

         Appeal by Defendant from orders entered 17 October 2016 and 2 November 2016 by Judge Regina Joe in Hoke County No. 15-JB-23 District Court.

          Attorney General Joshua H. Stein, by Special Deputy Attorney General Stephanie A. Brennan, for the State.

          Leslie Rawls, for the Defendant-Appellant.

          MURPHY, JUDGE.

         Ryan[1], appeals from a 2 November 2016 order[2] 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.

         Background

         In an 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.

         On 1 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 home.
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.

         Ryan 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, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.