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Held:

Reversed and Remanded

The trial court erred by imposing a Level 3 disposition upon finding that the juvenile violated the conditions of her probation because G.S. 7B-2510(f) precludes a Level 3 disposition of commitment when the juvenile is on probation for a “minor” offense and the exception in G.S. 7B-2508(g), which allows commitment for certain juveniles who commit a minor offense, does not apply to probation violations. In this case, the juvenile was placed on probation based on an adjudication of delinquency for resisting a public officer, a Class 2 misdemeanor, which is classified as “minor” in G.S. 7B-2508(a). Commitment would have been an option if a new petition (instead of just a motion for review) had been filed and the juvenile had been adjudicated for a minor offense, assuming she had at least four prior offenses as defined in G.S. 7B-2508(g).

Category:

Post-Disposition

Stage:

Probation Violations

Topic:

Commitment to YDC for “Minor” Offense

Tags:

Click on a term below for additional case summaries tagged with the same term.

Tags:

7B-2508(g)