In re: R.S.M.Â
257 N.C. App. 21
| N.C. Ct. App. | 2017Background
- Juvenile Ryan (pseudonym) was adjudicated delinquent and placed on 12 months’ probation following pleas to multiple offenses; sentencing order dated January 20, 2016.
- Probation violations were alleged by the juvenile court counselor on August 1, 2016, for leaving home and violating curfew on July 7–17, 2016.
- Ryan admitted the probation violations on September 12, 2016.
- On October 17, 2016, the court orally announced commitment to a Youth Development Center (YDC), but a written dispositional order filed that same day continued Ryan on probation and referenced the September 12 hearing.
- No new motion for review, notice, or hearing was filed or held after the October 17 written order, yet on November 2, 2016 the court entered a second written order committing Ryan to a YDC.
- Ryan appealed; the Court of Appeals granted certiorari to address jurisdiction and a clerical error in the October 17 order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court had subject-matter jurisdiction to enter the Nov. 2, 2016 dispositional order committing Ryan to a YDC after a written dispositional order was filed Oct. 17, 2016 continuing probation | State: (implicit) court could effectuate the oral disposition or otherwise finalize commitment | Ryan: Once the written October 17 order continued probation, the court lacked jurisdiction to enter a later dispositional order absent a new motion, notice, and hearing | Court held the Oct. 17 written order controls; Nov. 2 order vacated for lack of jurisdiction because no motion, notice, or hearing occurred after Oct. 17 |
| Whether the court’s oral announcement or the later-filed written order controls when they conflict | State: Oral announcement is controlling (implicit) | Ryan: The written order controls and governs jurisdictional consequences | Court held written order controls over conflicting oral judgment; written disposition governs |
| Whether statutory requirements for reviewing juvenile probation (motion, notice, hearing) were satisfied before Nov. 2 order | State: (implicit) requirements met or excused | Ryan: Requirements of N.C.G.S. § 7B-2510(d) were not met after Oct. 17 | Court held statutory prerequisites (motion, notice, hearing) were not met; therefore court lacked authority to enter Nov. 2 order |
| Whether the Oct. 17 order contained a clerical error requiring correction | N/A | Ryan: Identified an incorrect prior disposition date in the Oct. 17 probation-violation order | Court found a clerical error (incorrect prior dispositional date) and remanded the Oct. 17 order for correction |
Key Cases Cited
- State v. Buchanan, 108 N.C. App. 338 (1992) (written order controls over conflicting oral pronouncement of judgment)
- McKoy v. McKoy, 202 N.C. App. 509 (2010) (standard for de novo review of jurisdictional questions)
- State v. Gorman, 221 N.C. App. 330 (2012) (court acts beyond statutory limits is without authority and its judgment is void)
- State v. Lark, 198 N.C. App. 82 (2009) (definition of clerical error and remand for correction of clerical mistakes)