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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.

extra quirk - was also discovered the juvenile was not properly served.

Question:
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.

Choices:
Yes - has jxd
No - doesn't have jxd
Yes - through improper service argument
No - even with improper service argument there is not jxd

 


Brittney Symons
 
Posts: 1 | Registered: September 04, 2017Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Juvenile Law    Determinate Sentence ordered for ineligible offense

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