An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Procedure.

NO. COA04-1253


Filed: 19 July 2005

IN THE MATTER OF J.D.                Sampson County
                                No. 03-J-87

    Appeal by juvenile from disposition order filed 10 March 2004 by Judge William M. Cameron in Sampson County District Court. Heard in the Court of Appeals 13 June 2005.

    Attorney General Roy Cooper, by Assistant Attorney General Ann Stone, for the State.

    Appellate Defender Staples S. Hughes, by Assistant Appellate Defender Kelly D. Miller, for juvenile-appellant.

    BRYANT, Judge.

    J.D.   (See footnote 1)  (juvenile) appeals his disposition order filed 10 March 2004, entered consistent with an adjudication order finding him guilty of committing the misdemeanor offense of injury to personal property, placing him on probation for 12 months and ordering him to pay restitution in the amount of $465.26 within 12 months.

    The juvenile's sole argument on appeal is the court erred by ordering restitution in the absence of findings of fact showing: (1) he had the means to pay restitution, and (2) the payment ofrestitution is in his best interests   (See footnote 2)  .
    The State appropriately concedes that In re Heil, 145 N.C. App. 24, 33, 550 S.E.2d 815, 822 (2001), mandates the disposition order be vacated and the matter remanded for findings of fact as to whether payment of restitution is in the juvenile's best interest and whether the juvenile has the ability to pay restitution. In accord with the mandate of Heil, the disposition order is vacated and remanded for findings of fact.
    Vacated and remanded for additional findings of fact.
    Judges ELMORE and GEER concur.
    Report per Rule 30(e).

Footnote: 1
    Initials have been used throughout to protect the identity of the juvenile.
Footnote: 2
     The juvenile does not bring forward any assignments of error relating to the adjudication order.

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