in the Court of Appeals 4 June 2019.
by Defendant from orders entered 11 May 2018 and 8 June 2018
by Judge Richard Walker in Jackson County District Court. No.
18 JB 25
Attorney General Joshua H. Stein, by Special Deputy Attorney
General Tiffany Lucas, for the State.
Appellate Defender Glenn Gerding, by Assistant Appellate
Defender Jillian C. Katz, for the Defendant.
D.W.L.B. ("Dexter"),  a juvenile, appeals from the
trial court's orders adjudicating him delinquent and
entering a Level 1 disposition. After careful review, we
vacate and remand for further proceedings, as explained in
the Conclusion section of this opinion.
is an elementary school student in Sylva. On 11 April 2018, a
janitor at Dexter's school cleaned certain graffiti from
a stall in a boy's bathroom. About ten minutes later,
while standing in a hallway, the janitor observed a student
lean out of that bathroom, look around, and then quickly dart
back into the bathroom. The janitor went inside the bathroom
to investigate and found Dexter and another boy. Dexter was
standing next to the hand dryer by the sinks. Dexter left the
bathroom immediately. The janitor then discovered new
graffiti, the words "BOMB INCOMING" written in
black magic marker on the wall above the hand dryer.
janitor reported the incident to the principal. Later that
day, Dexter was called to the principal's office. Dexter
was found to be carrying a black magic marker in his pants
pocket. The principal and two officers spoke with Dexter and
his parents and viewed surveillance footage of the hallway
outside the bathroom.
on this investigation, the officers filed a petition seeking
a declaration that Dexter was a delinquent juvenile, alleging
that Dexter violated Section 14-277.5 of our General
Statutes, a Class H felony, by making a false report
concerning mass violence on educational property. After a
hearing on the matter, the trial court orally found that
Dexter had violated Section 14-277.5 and entered a
written order adjudicating Dexter delinquent, ordering a
Level 1 disposition, and prescribing twelve (12) months of
Sufficiency of the Petition
argues that the trial court lacked jurisdiction over him
because the delinquency petition did not sufficiently allege
each element of the offense for which he was charged. For the
following reasons, we conclude that the ...