In the Matter of: R.S.M., ____ N.C. App. ____ (December 19, 2017)
Held:
Vacated and Remanded
- Facts: The juvenile was on probation for a variety of charges related to breaking and/or entering, robbery, larceny, and intimidating a witness. The judge announced orally that she was ordering commitment to a Youth Development Center (YDC) at a dispositional hearing on probation violations that was held on October 17, 2016. That same day a written dispositional order continuing the juvenile on probation was signed by the judge. No new violation of probation motions were pending at the time. On November 2, 2016 a subsequent disposition order committing the juvenile to a YDC for probation violations was entered.
- Opinion: the trial court lacked subject matter jurisdiction to enter a second written order on probation violations when a first written order had already been entered. The written disposition entered on October 17, 2016 controls over the earlier oral judgment that same day. Conflict between an oral announcement of judgment and a written order is resolved in favor of the written order. State v. Buchanan, 108 N.C. App. 338 (1992). There were no new motions, notice, or hearings following the October 17, 2016 hearing. The court therefore had no subject matter jurisdiction to enter a new dispositional order following the October 17, 2016 order. A discrepancy in the October 17, 2016 Order for Motion for Review regarding the date of entry of the initial order placing the juvenile on probation was clerical error. The second dispositional order, entered November 2, 2016, is vacated and the October 17, 2016 order is remanded for correction of the clerical error.
Category:
JurisdictionStage:
Subject Matter JurisdictionTopic: