In the Matter of J.J., Jr., 216 N.C. App. 366 (2011)

Although the court did not follow the statutory procedure for conducting a disposition hearing, it complied in substance if not in form, and the juvenile failed to show how the disposition might have been different if the court had followed the correct procedure. Immediately after the juvenile’s transfer hearing, the court announced that it retained jurisdiction, found beyond a reasonable doubt that the juvenile was delinquent for first degree sex offense, and committed the juvenile to a youth development center. The juvenile made no objection and gave oral notice of appeal. On appeal, the juvenile argued the trial court failed to conduct a dispositional hearing before entering a disposition. The Court of Appeals agreed with the juvenile that the trial court failed to follow Juvenile Code procedures for conducting a disposition hearing. However, while the trial court held a more abbreviated proceeding than contemplated by the Juvenile Code, the record showed the court received and considered a predisposition report. Thus, the trial court complied with the requirements of the Juvenile Code in substance. The juvenile also failed to object to the disposition and did not show that he was prejudiced.