In the Matter of P.Q.M., 232 N.C. App. 419 (2014)


The trial court did not err by finding that the juvenile had two prior adjudications, even though one of them occurred after the adjudication of the offense for which disposition was being ordered. The juvenile was adjudicated delinquent on three separate dates: January 5, 2012, for communicating threats, a Class 1 misdemeanor; November 29, 2012, for robbery with a dangerous weapon (RWDW), a Class D felony; and December 3, 2012, for larceny of a firearm, a Class H felony. On March 4, 2013, all three adjudications were calendared for disposition. The trial court entered the disposition based on the RWDW offense, which constitutes a “violent” offense, and found that the juvenile had two prior adjudications for communicating threats and larceny of a firearm, which placed him at a “medium” delinquency history level. Based on the dispositional chart in G.S. 7B-2508(f), the court entered a Level 3 disposition and committed the juvenile to a youth development center. The juvenile appealed. Finding that a prior adjudication is analogous to a prior conviction, as defined by G.S. 15A-1340.11(7), the court held the larceny adjudication was a prior adjudication within the meaning of G.S. 7B-2507(a) because it occurred before the disposition hearing and entry of the disposition.

Delinquency History Level
Prior Adjudications; Definition
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