In re Interest of Josue G.
299 Neb. 784
| Neb. | 2018Background
- Josue G. was adjudicated a juvenile and placed on 4 months’ probation with 20 hours community service.
- The State moved to revoke probation in January 2017; that motion was withdrawn and the court extended probation for 6 months in February.
- The State filed a second motion to revoke in May 2017 alleging a new law violation, drug use, and failure to attend programming.
- At the July 5, 2017 hearing, Josue denied the new charge; the State withdrew its motion to revoke. The court nonetheless instructed Josue to perform additional volunteer/community service.
- The juvenile court entered a July 7, 2017 order extending probation and ordering community service despite the State’s withdrawal of its revocation motion. Josue appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the juvenile court lawfully modified/extended Josue’s probation after the State withdrew its revocation motion | Josue: court violated statutory procedure and due process by extending probation and imposing more conditions without a revocation motion or hearing | State: (no brief filed; factual record shows State withdrew the motion to revoke at the hearing) | Court: Vacated the July 7, 2017 order — court exceeded statutory authority because modification/extension requires a proper motion and the hearing procedures of § 43-286(5) |
Key Cases Cited
- In re Interest of Alan L., 294 Neb. 261 (Neb. 2016) (juvenile entitled to procedural protections before probation may be revoked or modified)
- In re Interest of Markice M., 275 Neb. 908 (Neb. 2008) (changing a disposition without following statutory procedures is plain error)
- In re Interest of Iyana P., 25 Neb. App. 439 (Neb. Ct. App. 2018) (discusses requirement that statutory revocation procedures be followed to change dispositions)
- In re Interest of Torrey B., 6 Neb. App. 658 (Neb. Ct. App. 1998) (same principle: disposition cannot be changed absent statutory compliance)
- In re Interest of Carmelo G., 296 Neb. 805 (Neb. 2017) (appellate courts need not address constitutional claims when statutory error disposes of the case)