In the Matter of K.L.D., 210 N.C. App. 747, (2011)


The trial court did not abuse its discretion by entering a Level 2 disposition because it was within the range of statutorily permitted dispositions. The juvenile was adjudicated delinquent for simple assault and sexual battery, for conduct on a school bus. He had one prior adjudication for simple assault for similar conduct. The trial court indicated that it was required to enter a Level 2 disposition (and also could enter a Level 1 disposition), and ordered a Level 2 disposition. The juvenile argued on appeal that because the disposition chart authorized the court to enter a Level 1 or a Level 2 disposition, the trial court erred by concluding that it was required to enter a Level 2 disposition without first considering a Level 1 disposition. Because the disposition ordered by the court was authorized by the Juvenile Code’s dispositional provisions, the appellate court would not disturb it unless it was “manifestly unsupported by reason,” and that was not the case here.

Disposition Order
Disposition Level
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