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STEPHEN MICHAEL CARROLL. APPEAL STEPHEN MICHAEL CARROLL (11/01/78)

decided: November 1, 1978.

IN THE INTEREST OF STEPHEN MICHAEL CARROLL. APPEAL OF STEPHEN MICHAEL CARROLL


No. 285 April Term, 1978, Appeal from Order of Commitment Entered September 21, 1977 by the Court of Common Pleas of Blair County, Juvenile Division, at No. 919-77-390

COUNSEL

Richard A. Consiglio, Altoona, for appellant.

Frederick B. Gieg, Jr., Altoona, for appellee.

Jacobs, President Judge, and Hoffman, Cercone, Price, Van der Voort, Spaeth and Hester, JJ. Van der Voort, J., concurred in the result. Hoffman, J., did not participate in the consideration or decision of this case.

Author: Per Curiam

[ 260 Pa. Super. Page 25]

Appellant, a juvenile, contends that he was unlawfully committed to a youth detention home solely because his mother was unable to pay restitution ordered in appellant's uncontested delinquency hearing. We agree, and therefore reverse the decision below and vacate the order committing appellant to the Youth Development Center of Loysville, Pennsylvania.

On September 21, 1977, the appellant and another juvenile appeared in Juvenile Court and admitted to various offenses. The hearing judge found appellant to be delinquent, and entered an order placing him on probation for two years. Further, appellant's mother was ordered to make restitution of $301.14. Lastly, it was directed that if appellant violated his probation, he would be committed for an indeterminate period of time to the Youth Development Center.

Whereupon, the transcript reveals that the following occurred:

"THE COURT: Do you understand the disposition, Carroll?

"STEVEN CARROLL: Yes, sir.

"THE COURT: Do either of you have any questions?

(Both boys answer no.)

"THE COURT: ...


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