In re: J.B.Â
257 N.C. App. 299
| N.C. Ct. App. | 2018Background
- J.B., a 12-year-old student, pushed items off a teacher's desk at Lincoln Heights Academy, damaging a printer; a juvenile petition charged injury to personal property (class 2 misdemeanor).
- At the close of the State's evidence (one witness: a teacher-assistant), J.B. moved to dismiss; the court denied the motion and J.B. was adjudicated delinquent.
- The trial court classified J.B. as a Level 2 offender (juvenile history correctly ‘high’) and sentenced him to 10 days' detention in the county jail, using an outdated preprinted disposition form.
- On appeal J.B. challenged (1) the denial of his motion to dismiss for alleged insufficient proof of ownership and damage value, and (2) the legality of the 10-day confinement and the court’s failure to impose required intermediate dispositional alternatives for a Level 2 offender.
- The Court of Appeals affirmed denial of the dismissal motion (finding sufficient evidence the printer belonged to the school/Board) but held the 10-day detention exceeded statutory limits for the chosen dispositional code and that the court failed to impose the mandatory intermediate disposition(s) required for Level 2, so remanded for resentencing.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence that the school/Board owned the damaged printer | J.B.: petition and proof failed to show owner was an entity capable of owning property and failed to prove Board owned the printer | State: witness testified printers/computers are supplied by the school and that this printer belonged to CMS; petitioner’s counsel conceded Board is a corporate body capable of owning property | Affirmed: witness testimony and concession suffice; motion to dismiss properly denied |
| Legality of 10-day detention and required dispositional alternatives for Level 2 offender | J.B.: confinement exceeded statutory limit for intermittent confinement (§7B-2506(12)) and court failed to impose required intermediate disposition(s) under §7B-2508(d) | State: form error; trial court intended intermittent confinement; (concurrence) judge’s notation shows intent to impose proper Level 2 disposition | Reversed in part/remanded: 10-day intermittent confinement exceeded subsection (12) and court failed to impose at least one intermediate disposition for Level 2; remand for resentencing with statutory basis identified |
Key Cases Cited
- State v. Smith, 186 N.C. App. 57, 650 S.E.2d 29 (2007) (standard of review for denial of motion to dismiss)
- State v. Fritsch, 351 N.C. 373, 526 S.E.2d 451 (2000) (substantial-evidence standard and viewing evidence in State's favor)
- State v. Barnes, 334 N.C. 67, 430 S.E.2d 914 (1993) (motion to dismiss framework)
- State v. Downing, 313 N.C. 164, 326 S.E.2d 256 (1985) (indictment must allege owner or person in lawful possession)
- State v. Woody, 132 N.C. App. 788, 513 S.E.2d 801 (1999) (if named victim is not a person, indictment must allege legal entity capable of owning property)
- In re Z.T.B., 170 N.C. App. 564, 613 S.E.2d 298 (2005) (use of "shall" in dispositional statute is mandatory; failure to comply is reversible error)