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Criminal Practice – Juvenile – Disposition Order – Insufficient Findings – Marijuana Possession

After adjudicating the juvenile defendant delinquent for simple misdemeanor possession of marijuana, the trial court entered a disposition order which did not include findings demonstrating that it considered the factors set out in G.S. § 7B-2501(c). The plain language of § 7B-2501(c) compels us to find that a trial court must consider each of the five factors in crafting an appropriate disposition.

We remand for further findings.

Although the trial court considered and incorporated the contents of the predisposition report, risk assessment and needs assessment, the incorporated documents do not sufficiently address each of the § 7B-2501(c) factors. Whether evidence in the record could support such additional findings is a hypothetical beyond the scope of our standard of review.

In re J.M.M.C. (Lawyers Weekly No. 012-469-22, 7 pp.) (Fred Gore, J.) Appealed from Richmond County District Court (Christopher Rhue, J.) Hilary Ventura for the state; Candace Washington for juvenile. 2022-NCCOA-756


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