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Criminal Practice – Juvenile – Probation Violations – Successive Hearings & Dispositions

In re R.S.M. (Lawyers Weekly No. 011-384-17, 5 pp.) (Hunter Murphy, J.) Appealed from Hoke County District Court (Regina Joe, J.) N.C. App.

Holding: A juvenile court counselor reported that respondent had violated the terms of his probation by staying out all night on July 7 and 17, 2016. Respondent admitted to these violations at a hearing on Sept. 12, 2016, but there was another hearing conducted on Oct. 17, 2016. At the October hearing, the judge announced from the bench that she was committing respondent to a Youth Development Center; however, later that same day, the judge signed a written disposition order – referencing the Sept. 12, 2016, hearing – which continued respondent on probation. The judge’s written disposition order filed Oct. 17, 2016 controls over her earlier oral judgment committing respondent to YDC.

The trial court lacked subject matter jurisdiction to enter a subsequent order on Nov. 2, 2016, committing respondent to YDC. The Oct. 17, 2016, order controls, and the Nov. 2, 2016, order is vacated.

 


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