In the Matter of: J.B., ____ N.C. App. ____ (January 2, 2018)

Held: 
Remanded in part
Affirmed in Part
There is a dissent
in part, finding that the error in the disposition order was clerical
  • Facts: The juvenile pushed a printer and computer off his teacher’s desk, causing damage to the printer. He made a motion to dismiss at the close of the State’s evidence, asserting that there was no evidence that the owner of the property was the Charlotte-Mecklenburg Board of Education. The motion was denied and the juvenile was adjudicated delinquent for injury to personal property. He was classified as a Level 2 offender and given a disposition of 10 days in detention.  
  • Opinion: During the motion to dismiss at trial, counsel for the juvenile twice acknowledged that the Board of Education was properly identified as a corporate body that can own property. The issue was also not raised by the juvenile at trial and, therefore, cannot be raised on appeal. The argument regarding whether the Board of Education was an entity capable of owning property was therefore not properly before the court. The evidence clearly showed that the school supplied computers and printers to teachers and they were therefore the property of the school. The trial court did not err in denying the motion to dismiss on these grounds. An outdated preprinted disposition form was used by the court. While the court could have properly ordered the juvenile, as a Level 2 offender, to up to 14 days of intermittent confinement under G.S. 7B-2506(20), the old version of the form did not contain that option. Instead, the only intermittent confinement option on the form allowed for only up to five days of confinement pursuant to G.S. 7B-2506(12). The box next to this option was checked with a handwritten notation of “10 days detention.” The trial court was required to impose at least one Level 2 disposition found in G.S. 7B-2506 (13)–(23). G.S. 7B-2508(d). Failure to do so was reversible error. Remanded for resentencing at which time the court may order up to five days of detention pursuant to G.S. 7B-2506(12) and must impose at least one of the mandatory dispositional alternatives in G.S. 7B-2506(13)-(23).
Category:
Disposition
Stage:
Disposition Order
Topic:
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Tags: 
7B-2506(12); 7B-2506(20); motion to dismiss; intermittent confinement