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 E.A.

Court of Appeals of North Carolina

September 17, 2019

IN THE MATTER OF: E.A.

          Heard in the Court of Appeals 5 September 2019.

          Appeal by respondent-juvenile from order entered 12 October 2018 by Judge Robert Rader in Wake County District Court No. 17 JB 488.

          Attorney General Joshua H. Stein, by Assistant Attorney General Janelle E. Varley, for the State.

          Appellate Defender Glenn Gerding, by Assistant Appellate Defender Amanda S. Hitchcock, for respondent-appellant juvenile.

          ZACHARY, JUDGE.

         Respondent-juvenile "Evan"[1] appeals from a disposition and commitment order adjudicating him to be a Level 2 delinquent juvenile. Evan argues on appeal that, after being presented with evidence that he was mentally ill, the trial court erred by failing to refer him to the area mental health services director. After careful review, we vacate the disposition and commitment order and remand to the trial court for a referral to the area mental health services director.

         Background

         The relevant facts are few. Between 14 December 2017 and 5 January 2018, a Wake County juvenile court counselor approved a petition alleging that Evan (1) committed an assault with a deadly weapon with intent to kill; (2) possessed stolen property; and (3) committed malicious conduct upon a government official by spitting on him. Evan admitted to the charges of assault with a deadly weapon with intent to kill and malicious conduct, and the State dismissed the charge of possession of stolen property. The Honorable Craig Croom adjudicated Evan as delinquent, entered a Level 2 disposition, and ordered twelve months' probation. One month later, a juvenile court counselor filed a motion for review, alleging that Evan violated his probation. On 9 October 2018, the motion for review came on for hearing before the Honorable Robert Rader in Wake County District Court. Judge Rader found Evan in willful violation of his probation, revoked his probation, and ordered that Evan be committed to a youth development center with the Division of Adult Correction and Juvenile Justice for an indefinite period, to end no later than Evan's eighteenth birthday.

         Grounds for Appellate Review

         Preliminarily, we address our jurisdiction to consider the merits of Evan's appeal. Evan filed written notice of appeal on 10 October 2018. Typed into the trial court's order at the bottom of the page is the date "10/9/2018." However, the order is additionally-and quite noticeably-stamped with "2018 OCT 12 A 11:07," indicating that the order was filed after Evan filed his notice of appeal on 10 October.

         Before a party may file notice of appeal, there must first be an entry of judgment. See N.C. Gen. Stat. § 1A-1, Rule 58 (2017) ("[A] judgment is entered when it is reduced to writing, signed by the judge, and filed with the clerk of court pursuant to Rule 5."). "When a defendant has not properly given notice of appeal, this Court is without jurisdiction to hear the appeal." See State v. Webber, 190 N.C.App. 649, 651, 660 S.E.2d 621, 622 (2008) (quotation marks omitted). Consequently, Evan would need to request-and we would need to issue-a writ of certiorari to have his case reviewed. See N.C. R. App. P. 21(a). No petition for writ of certiorari was ever filed. However, this Court has the discretionary authority, pursuant to Appellate Rule 21, to "treat the purported appeal as a petition for writ of certiorari and grant it in our discretion." Luther v. Seawell, 191 N.C.App. 139, 142, 662 S.E.2d 1, 3 (2008).

         For reasons more fully explained below, we find the facts of Evan's case worthy of treating his brief as a petition for writ of certiorari. We also note that the State has not raised this jurisdictional issue in its brief, and we do not contemplate any resulting prejudice to the State. Thus, in our discretion, we invoke this Court's authority pursuant to our caselaw and Appellate Rule 21, and proceed to the merits of Evan's appeal.

         Discussion

          Evan argues on appeal that the trial court erred by failing to refer him to the area mental health services director, after being presented with ...


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.