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

Reversed and Remanded

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.] Those two additional points made the juvenile eligible for a Level 3 disposition, which the trial court ordered. The juvenile filed a motion to modify the disposition order, under G.S. 7B-2600, asserting that the trial court erroneously calculated his delinquency history level because he was not on probation at the time of the felony B&E. The trial court denied the juvenile’s motion, and the juvenile appealed. The Court of Appeals held that, pursuant to G.S. 7B-2600(b), the trial court was authorized to correct an error of law in an earlier disposition order. Its failure to do so was reversible error.

Modification of Disposition Order
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