In the Interest of C.A.G.

89 A.3d 704
CourtSuperior Court of Pennsylvania
DecidedApril 9, 2014
StatusPublished
Cited by43 cases

This text of 89 A.3d 704 (In the Interest of C.A.G.) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In the Interest of C.A.G., 89 A.3d 704 (Pa. Ct. App. 2014).

Opinion

OPINION BY MUNDY, J.:

Appellants, C.A.G., E.N.J., J.F.K., J.M.B., E.C., D.C., and A.B., appeal from the dispositional orders entered following their adjudications of juvenile delinquency.1 After careful review, we affirm.

We summarize the relevant factual and procedural history of each of these cases as follows. In C.A.G.’s case, on February 12, 2013, the Commonwealth filed a petition charging C.A.G. with simple assault and harassment.2 On February 14, 2013, the Commonwealth filed a second petition, charging C.A.G. with one count of possession of drug paraphernalia.3 The juvenile court conducted a hearing on February 20, 2013 at which C.A.G. admitted to all three offenses. On April 25, 2013, the juvenile court conducted a dispositional hearing at which C.A.G. was adjudicated delinquent and placed on probation. Relevant to this appeal, C.A.G. was ordered to pay a $25.00 Crime Victim Compensation (CVC) fee, a $23.50 Judicial Computer Filing (JCF) fee, and a $1.50 Community Service (CS) fee for each of the two petitions. C.A.G. filed a timely post-dispositional motion on May 6, 2013, which the juvenile court denied on May 31, 2013.4 On June 28, 2013, C.A.G. filed a timely notice of appeal.

[707]*707In E.N.J.’s case, on February 12, 2013, the Commonwealth filed a petition, charging E.N.J. with one count each of unlawful restraint, simple assault, and harassment.5 On February 21, 2013, the Commonwealth filed a second petition, charging E.N.J. with one count of criminal mischief.6 The juvenile court conducted a delinquency hearing on February 26, 2013 at which E.N.J. admitted to simple assault and criminal mischief and the Commonwealth withdrew the remaining charges. The juvenile court conducted a dispositional hearing on April 25, 2013 at which the juvenile court adjudicated E.N.J. delinquent and placed him on probation. E.N.J. was ordered to pay a $25.00 CVC fee, a $23.50 JCF fee, and a $1.50 CS fee for each of the two petitions. E.N.J. filed a timely post-dispositional motion on May 3, 2013 which was denied by the juvenile court on June 12, 2013. On July 11, 2013, E.N.J. filed a timely notice of appeal.

In J.F.K’s case, on November 27, 2012, the Commonwealth filed a petition charging J.F.K. with one count each of theft by unlawful taking and receiving stolen property.7 On March 15, 2013, the Commonwealth filed a second petition charging J.F.K. with criminal mischief.8 On March 20, 2013, the Commonwealth filed a third petition, charging J.F.K. with two counts of burglary, and one count each of criminal trespass and theft by unlawful taking.9 The juvenile court conducted a delinquency hearing on March 21, 2013 at which J.F.K. admitted to the charges of theft, receiving stolen property, and criminal mischief. On April 25, 2013, the juvenile court conducted a dispositional hearing at which J.F.K. admitted to criminal trespass and theft, and the Commonwealth withdrew the burglary and conspiracy to commit burglary charges. The judge adjudicated J.F.K. delinquent and placed him on probation. J.F.K. was ordered to pay a $25.00 CVC fee, a $23.50 JCF fee, and a $1.50 CS fee for each of the three petitions. J.F.K. filed a timely post-disposi-tional motion on May 3, 2013, which the juvenile court denied on June 12, 2013. On July 11, 2013, J.F.K. filed a timely notice of appeal.

In J.M.B.’s case, on April 26, 2013, the Commonwealth filed a petition charging J.M.B. with possession of a small amount of marijuana and possession of drug paraphernalia.10 That same day, the Commonwealth filed a second petition, charging J.M.B. with one count each of possession of a small amount of marijuana and driving without a license.11 The juvenile court conducted a hearing on June 17, 2013, at which J.M.B. admitted to all charges, was adjudicated delinquent, and placed in the Youth Forestry Camp # 3 First Step Program. J.M.B. was ordered to pay a $25.00 CVC fee, a $23.50 JCF fee, and a $1.50 CS fee for each of the two petitions. On June [708]*70818, 2013, J.M.B. filed a timely post-disposi-tional motion, which the juvenile court denied on July 1, 2013. On July 24, 2013, J.M.B. filed a timely notice of appeal.

In E.C.’s case, on June 14, 2013, the Commonwealth filed a petition charging E.C. with one count each of burglary and theft by unlawful taking, and two counts of receiving stolen property.12 That same day, the Commonwealth filed a second petition charging E.C. with two counts of aggravated assault.13 On July 15, 2013, the juvenile court conducted a hearing at which E.C. admitted to burglary on the Commonwealth’s first petition. As a result, the Commonwealth amended its second petition to include a charge of simple assault.14 E.C. admitted to the simple assault charge and the Commonwealth withdrew the aggravated assault charges. The juvenile court adjudicated E.C. delinquent and placed him at a residential treatment facility. E.C. was ordered to pay a $25.00 CVC fee, a $23.50 JCF fee, and a $1.50 CS fee for each of the two petitions. On July 24, 2013, E.C. filed a timely post-disposi-tional motion, which the juvenile court denied on July 25, 2013. On August 23, 2013, E.C. filed a timely notice of appeal.

In D.C.’s case, on June 26, 2013, the Commonwealth filed a petition charging D.C. with one count each of burglary, criminal trespass, and theft by unlawful taking.15 That same day, the Commonwealth filed a second petition charging D.C. with two counts each of theft by unlawful taking and conspiracy, and one count each of criminal attempt, criminal trespass, and possession of drug paraphernalia.16 On July 18, 2013, the Commonwealth filed a third petition charging D.C. with one count each of burglary and theft by unlawful taking, two counts of criminal conspiracy, and one count each of receiving stolen property, criminal mischief and criminal trespass.17 On July 24, 2013, the juvenile court conducted a hearing at which D.C. admitted to two counts of theft, and one count each of criminal attempt to commit theft, criminal trespass, burglary, conspiracy to commit burglary, and criminal mischief. The Commonwealth withdrew all remaining charges. The juvenile court adjudicated D.C. delinquent and placed D.C. at a residential treatment facility. D.C. was ordered to pay a $25.00 CVC fee, a $23.50 JCF fee, and a $1.50 CS fee for each of the three petitions. On August 2, 2013, D.C. filed a timely post-dispositional motion, which the juvenile court denied on August 5, 2013. On September 4, 2013, D.C. filed a timely notice of appeal.

In A.B.’s case, on May 9, 2013, the Commonwealth filed a petition charging A.B. with four counts of driving under the influence of a controlled substance — impaired ability (DUI) and one count each of failure to report an accident, failure to give immediate notice to police, careless driving, and disregarding traffic lanes.18 That same day, the Commonwealth filed a second petition charging A.B. with possession of [709]*709drug paraphernalia, possession of a controlled substance, and purchase of alcohol by a minor.19 On June 4, 2013, the juvenile court conducted a hearing at which A.B.

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Bluebook (online)
89 A.3d 704, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-the-interest-of-cag-pasuperct-2014.