Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Q.S. v. State

Alabama Court of Criminal Appeals

May 29, 2015

Q.S.
v.
State of Alabama

         Released for Publication April 28, 2016.

          Appeal from Jefferson Juvenile Court. (JU-08-42124.12). Raymond P. Chambliss, Trial Judge.

          REMANDED WITH INSTRUCTIONS.[*]

         For Appellant: Michael Stuart Nissenbaum, Birmingham.

         For Appellee: Luther Strange, atty. gen., and Marc A. Starrett, asst. atty. gen.

         BURKE, Judge. Windom, P.J., and Welch, Kellum, and Joiner, JJ., concur.

          OPINION

          BURKE, Judge.

         Q.S. was adjudicated delinquent for possessing a pistol without a permit. He was committed to the Department of Youth Services (" DYS" ) for six months. The parties entered a joint stipulation, pursuant to Rule 28(A)(1)(b), Ala. R. Juv. P., that no recording could be found of the trial and dispositional hearing after his pleading. The stipulation continued: " Therefore, the State and the Child stipulate that the only question in dispute and presented on appeal is a question of law, specifically, whether the juvenile court's order committing the Child to the Department of Youth Services for the determinate period of six months satisfies the formal requirements set forth in Ex parte R.E.C., 678 So.2d 1041, 1045 (Ala. 1995)." (C. 25.)

         The juvenile court's order stated, in pertinent part:

Page 711

" Present: Sarah Beth Ritchie, District Attorney; Michael Nissenbaum, representing the child; Probation Officer Damian Hillary; the child and the child's mother. Child pleads true. Charge found true. Youth found delinquent. Custody is removed from parent/guardian and placed with Alabama Department of Youth Services (DYS) for a period of 6 months. This Court finds the following facts to be true. That this child has been adjudicated delinquent on Burglary 3, Robbery 1, and 2 TOP 1, offenses. Child has been to Autauga Hit Program and commitment to DYS. Child's custodian [M.P.], has absolutely no control of this child. This Court is of the opinion that a defined sentence of 6 months is warranted, not only for the rehabilitation efforts of DYS, but for public safety. This child is a threat to the public. Restitution is reserved.
" DYS is authorized to exercise the powers listed in § 44-1-33, Code of Alabama, as amended. DYS is authorized to place child in greater or lesser restrictive environment according to its rehabilitation program. DYS is authorized and directed to obtain such physical testing and to obtain the results thereof as it deems advisable. DYS is authorized and directed to implement procedures for identifying, evaluating, and determining the eligibility of students in need of special education and related services as specified in Alabama Administrative Code, Chapter 290-080-090, Special Programs 1.
" o DYS to provide P.O. and Attorney with update on child's progress every 30 days.
" o Attorney to provide the Court with child's progress/status after ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.