Opinion
No. COA12–114.
2012-08-7
In the Matter of D.B.G.
Attorney General Roy Cooper, by Assistant Attorney General Neal McHenry, for the State. Leslie C. Rawls for juvenile-appellant.
Appeal by respondent-juvenile from order entered 22 September 2011 by Judge Amanda Wilson in Stanly County District Court. Heard in the Court of Appeals 30 July 2012. Attorney General Roy Cooper, by Assistant Attorney General Neal McHenry, for the State. Leslie C. Rawls for juvenile-appellant.
HUNTER, ROBERT C., Judge.
On 22 September 2011, the trial court adjudicated respondent delinquent for committing the offense of simple assault and placed him on probation for six months. Respondent gave timely notice of appeal.
Respondent's sole argument on appeal is the trial court erred because it failed to make sufficient written findings of fact to support the disposition. We agree.
A trial court is required to include in its written disposition “appropriate findings of fact and conclusions of law” in accordance with N.C. Gen.Stat. § 7B–2512 (2011). In re V.M., ––– N.C.App. ––––, ––––, 712 S.E.2d 213, 215 (2011). Based on the language of N.C. Gen.Stat. § 7B–2501(c) (2011), these findings must reflect the trial court's selection of a disposition designed to protect the public and to meet the needs and best interests of the juvenile based upon the factors enunciated in N.C. Gen.Stat. § 7B–2501(c).
Here, the trial court made no written findings addressing the N.C. Gen.Stat. § 7B–2501(c) factors. The dispositional order only contains a preprinted statement that the court had reviewed the court summary, heard evidence, and considered the arguments of the State and the juvenile's attorney. We conclude that the trial court's order contains insufficient findings for this Court to conduct meaningful review of whether the trial court considered the factors required by N.C. Gen.Stat. § 7B–2501(c).
Respondent raises no issue concerning the adjudication of delinquency. Accordingly, we affirm the adjudication of delinquency and reverse the trial court's dispositional order and remand the matter for a new dispositional hearing.
Affirmed in part, reversed in part and remanded for a new dispositional hearing. Judges ELMORE and McCULLOUGH concur.
Report per Rule 30(e).