In the Matter of A.F., 231 N.C. App. 348 (2013)

The trial court erred by denying the juvenile’s motion to modify the disposition order based upon the erroneous calculation of the juvenile’s delinquency history level. Because the trial court never extended the juvenile’s probation, it expired on June 13, 2012, which precluded the assignment of the two additional points for the juvenile’s probation status at the time of the offense, which occurred in August, 2012. [Prior to the expiration of the juvenile’s probation, a motion for review was filed alleging the juvenile violated his probation, but the juvenile failed to appear for that hearing. At the adjudication hearing on the August 2012 offense, the juvenile admitted he violated his probation, as alleged in the earlier motion for review, but his probation was not extended.] The court rejected the State’s argument that by assigning the two additional points and entering a Level 3 disposition, the trial court had implicitly and retroactively extended the juvenile’s probation. In the absence of this error, the trial court had no authority to impose a Level 3 disposition and commit the juvenile to a YDC. The court reversed and remanded for entry of a new disposition order.