In the Matter of: J.D., ____ N.C. App. ____ (March 6, 2018)

Held: 
Dismissed
  • Facts: The juvenile was adjudicated delinquent and placed on probation after admitting to possession of marijuana and resisting, delaying, and obstructing an officer at a hearing in March of 2016. His period of probation was subsequently extended twice, once in September of 2016 and again in February of 2017. He filed the appeal in February of 2017 arguing that the trial court made errors of law during the initial adjudication and in the first extension of probation.
  • Opinion: The juvenile did not timely appeal either the original disposition or the first extension of probation. He cannot now appeal collaterally through appeal of a proceeding on extension of the sentence originally imposed. State v. Pennell, 367 N.C. 466 (2014). No issues beyond those related to the original adjudication and the first extension were raised. The appeal is therefore not properly before the court.
Category:
Appeal
Stage:
Notice of Appeal
Topic:
Tags:
Click on a term below for additional case summaries tagged with the same term.
Tags: 
timeliness of appeal