September 04, 2017, 12:53
Brittney SymonsDeterminate Sentence ordered for ineligible offense
Facts: Juvenile received determinate sentence disposition for an ineligible offense (burg.) was discovered when came time to transfer probation to adult. Filed motion to set aside, defense attorney filed answer with no objection, had hearing - judge did not sign motion to set aside, questioned if had jurisdiction.<BR><BR>extra quirk - was also discovered the juvenile was not properly served.Does the juvenile court who did the disposition have the jxd to sign the motion to set aside, if not, suggestions on how to proceed.Yes - has jxdNo - doesn't have jxdYes - through improper service argumentNo - even with improper service argument there is not jxd