In the Matter of D.B., 214 N.C. App. 489 (2011)

Reversed and remanded in part
Affirmed in Part
Vacated in Part

The juvenile was adjudicated delinquent on three charges: (i) felony breaking and entering; (ii) felony larceny pursuant to breaking and entering; and (iii) misdemeanor possession of stolen property. Because the trial court’s order incorrectly stated that the juvenile admitted the alleged offenses, remand to correct this clerical error in the order was appropriate. A clerical error is one that results from “a minor mistake or inadvertence, especially in writing or copying something on the record, and not from judicial reasoning or determination.” The Court of Appeals noted that when an appellate court discovers a clerical error in the trial court’s order on appeal, it is appropriate to remand the case for correction because of the importance that the record speak the truth. However, the court vacated the felony larceny adjudication and reversed the misdemeanor possession of stolen property adjudication on other grounds.

Adjudication Order
Clerical Errors
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