State of Alabama
for Publication April 28, 2016.
from Jefferson Juvenile Court. (JU-08-42124.12). Raymond P.
Chambliss, Trial Judge.
REMANDED WITH INSTRUCTIONS.[*]
Appellant: Michael Stuart Nissenbaum, Birmingham.
Appellee: Luther Strange, atty. gen., and Marc A. Starrett,
asst. atty. gen.
Judge. Windom, P.J., and Welch, Kellum, and Joiner, JJ.,
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.)
juvenile court's order stated, in pertinent part:
" 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 ...