In the Matter of A.J. M.-B., 212 N.C. App. 586 (2011)

Held: 
Affirmed in Part
Reversed in Part

The trial court’s “dismissal” of the case at disposition did not result in a dismissal of the underlying adjudication. After an adjudication of delinquency for resisting an officer, the juvenile was in court for disposition on that charge and for a hearing on a motion to revoke his post-release supervision from a youth development center. The court revoked post-release supervision and, “as a disposition” in the resisting an officer case, dismissed that case. The juvenile appealed. The trial court’s dismissal of the case at disposition did not have the effect of erasing the underlying adjudication. Therefore, the juvenile’s appeal was properly before the court, because appealing the disposition of dismissal was the only way for the juvenile to appeal the adjudication. The juvenile had an interest in appealing the adjudication because it could affect his “delinquency history” in a subsequent proceeding.

Category:
Appeal
Stage:
Appealable Orders
Topic:
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