In the Matter of J.G., 2021-NCCOA-613

Facts: Jake appeared in Wake County District Court and admitted to breaking or entering a motor vehicle. The transcript of admission provided that the most serious disposition was a Level 2 disposition. The court also informed Jake that the most serious disposition he could face was a Level 2 disposition. The case was transferred to Cumberland County District Court for disposition. The Cumberland County District Court ordered a Level 3 disposition.

Opinion:  The acceptance of a juvenile admission must be knowing and voluntary, as it is tantamount to acceptance of a guilty plea. Pursuant to G.S. 7B-2407(a)(6), the court must inform the juvenile of the most restrictive disposition on the charge before accepting the admission. When the court plans to impose a disposition level higher than the level contained in the transcript of admission, the juvenile must be given the chance to withdraw the plea and be granted a continuance. In re W.H., 166 N.C. App. 643 (2004). Because the court entered a disposition level higher than the disposition level contained in the transcript of admission and Jake was not given the chance to withdraw his admission, his admission was not knowing and voluntary. The transcript of admission is vacated and the adjudication and disposition orders are reversed.