Opinion
74374A; CA A77686
Argued and submitted June 18, 1993
Jurisdiction affirmed; remanded for entry of corrected judgment July 14, 1993
Appeal from Circuit Court, Multnomah County.
Kathleen Nachtigal, Judge.
Ellen K. Jones, Portland, argued the cause for appellant. With her on the brief was Julie H. McFarlane, Portland.
Thomas H. Denney, Assistant Attorney General, Salem, argued the cause for respondent. With him on the brief were Theodore R. Kulongoski, Attorney General, Virginia L. Linder, Solicitor General, and John Payne, Certified Law Student, Salem.
Before Rossman, Presiding Judge, and Richardson, Chief Judge, and Leeson, Judge.
PER CURIAM
Jurisdiction affirmed; remanded for entry of corrected judgment.
In this delinquency proceeding, we affirm the juvenile court's judgment that child is within the jurisdiction of that court by virtue of acts which, if committed by an adult, would constitute the crime of arson. ORS 164.325(1). In its dispositional order, the court stated that child "has been proved guilty beyond a reasonable doubt of the charge of Arson I." We agree with child that the court's judgment is not properly worded. It should not have said that child had been "proved guilty." Rather, it should have found child within the juvenile court's jurisdiction by virtue of conduct that would constitute the crime of arson if committed by an adult. ORS 419.476(1)(a). We remand the case to the trial court for entry of a judgment consistent with ORS 419.476(1)(a). State ex rel Juv. Dept. v. Cruz, 111 Or. App. 216, 826 P.2d 30 (1992).
Jurisdiction affirmed; remanded for entry of corrected judgment.