In the Matter of J.A.G., 206 N.C. App. 318 (2010)

The trial court dismissed a petition alleging that the juvenile was delinquent because it was filed more than 15 days after the court counselor received the complaint. At the request of the court counselor law enforcement filed a second complaint based on the same conduct, and within 15 days the court counselor approved and filed a second petition almost identical to the first. The trial court denied the juvenile’s motion to dismiss for lack of jurisdiction, accepted the juvenile’s admission and adjudicated the juvenile delinquent. When it initially heard the juvenile’s appeal, the Court of Appeals vacated the trial court’s orders based on lack of jurisdiction in an unpublished opinion, see In re J.A.G., No. COA09-462 (N.C. Ct. App., Feb. 2, 2010). The State sought review from the Supreme Court, which granted review for the sole purpose of remanding to the Court of Appeals for reconsideration in light of In re D.S., 364 N.C. 184 (2010), which held that statutory filing deadlines relating to delinquency petitions are not jurisdictional. On remand from the Supreme Court, the Court of Appeals affirmed the trial court’s order denying the juvenile’s motion to dismiss for lack of jurisdiction.