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T.D.B v. State

Alabama Court of Criminal Appeals

July 10, 2015

T.D.B.
v.
State of Alabama

Appeal from Jefferson Juvenile Court (JU-12-102991.11)

WELCH, JUDGE.

T.D.B. was adjudicated delinquent based on an underlying charge of carrying a pistol without a license, a violation of § 13A-11-73, Ala. Code 1975. The juvenile court committed

T.D.B. to the Department of Youth Services ("DYS") for a term of six months by the following order.

"Present: Jim Neill, 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, Top 1, VSFA, DC. Child has been to Autauga Hit Program. 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 I.
"• DYS to provide P.O. and Attorney with update on child's progress every 30 days.
"• Attorney to provide the Court with child's progress/status after six months.
"• DYS to ensure child receives educational placement and/or assistance.
"Pending transfer to DYS, child is directed to be detained at the G. Ross Bell Youth Detention Facility.
"Case is removed from the docket until Aftercare is filed.
"DONE AND ORDERED this the 18th day of December, 2014."

(Capitalization in original.) (C. 18.)

T.D.B. filed a "Motion to Alter, Amend, or Vacate, " which the juvenile court denied. (C. 19-20.) T.D.B. filed a notice of appeal, and the parties entered a joint stipulation, pursuant to Rule 28(A)(1)(b), Ala. R. Juv. P., asserting that no recording of ...


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