IN THE MATTER OF: T.T.L. Durham County
No. 04 J 114
Attorney General Roy Cooper, by Assistant Attorney General
Mary S. Mercer, for the State.
Sophie W. Hosford for juvenile-appellant.
STEELMAN, Judge.
Juvenile T.T.L. was adjudicated delinquent by order entered 30
June 2005, upon findings that she possessed marijuana and heroin on
28 February 2005. In her notice of appeal filed 1 July 2005,
juvenile failed to designate any order from which her appeal was
taken but noted, This matter was adjudicated in District Court on
June 30, 2005, by Judge Marcia H. Morey. The district court
subsequently entered an order imposing a Level 2 disposition upon
juvenile on 15 July 2005, placing juvenile on 12 months of
supervised probation and ordering her to participate in the MAJORS
Program. The record on appeal lacks notice of appeal from the
dispositional order.
N.C.R. App. P. 3(d) requires that a notice of appealdesignate the order from which appeal is taken. In this case, the
notice of appeal references only the order of adjudication. In re
A.L.A., __ N.C. App. __, __, 625 S.E.2d 589, 590-91 (2006).
Moreover, under N.C. Gen. Stat. § 7B-2602(3) (2005), a juvenile may
appeal [a]ny order of disposition after an adjudication that a
juvenile is delinquent or undisciplined[.] The Juvenile Code does
not authorize appeal from an order of adjudication in a delinquency
proceeding, unless no disposition is entered within sixty days of
adjudication. N.C. Gen. Stat. § 7B-2602. Because juvenile's notice
of appeal was filed fourteen days before the district court's entry
of the final order of disposition in this cause, and because her
notice of appeal fails to designate the dispositional order as the
subject of her appeal as required by Rule 3, this Court lacks
jurisdiction in the cause. In re A.L., 166 N.C. App. 276, 277-78,
601 S.E.2d 538, 538-39 (2004); accord In re Laney, 156 N.C. App.
639, 577 S.E.2d 377, disc. review denied, 357 N.C. 459, 585 S.E.2d
762, (2003); In re J.L.W ., 136 N.C. App. 596, 525 S.E.2d 500
(2000). Accordingly, we dismiss the appeal for lack of
jurisdiction. Id.
DISMISSED.
Judges
McCULLOUGH
and HUDSON
concur.
Report per Rule 30(e).
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