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.

In the Interest of: A.V.

April 2, 2012

IN THE INTEREST OF: A.V., A MINOR,
APPEAL OF: A.V., A MINOR



Appeal from the Dispositional Order of August 8, 2011 In the Court of Common Pleas of Dauphin County Juvenile Division at No(s): CP-22-JV-0000500-2011

The opinion of the court was delivered by: Stevens, P.J.

J-A07009-12

BEFORE: STEVENS, P.J., PANELLA, J., and MUNDY, J.

OPINION BY STEVENS, P.J.

This is an appeal from the dispositional order entered by the Court of Common Pleas of Dauphin County following A.V.'s adjudication of delinquency based on charges of possession of an instrument of crime.*fn1 Appellant challenges the sufficiency of the evidence supporting his adjudication of delinquency. As we conclude the trial court erred in adjudicating Appellant delinquent, we vacate the dispositional order entered in this matter.

The juvenile court aptly summarized the factual background of this case as follows:

[A.V.] was on formal probation prior to his most recent juvenile charges. [A.V.] was released from the Abraxas Day Treatment Program upon conditions set by the Court that he was to abide by a 7:00 p.m. curfew, be confined to house arrest, and complete community service. Upon his release from Abraxas[, A.V.] was placed on house arrest on May 2, 2011. The terms of [A.V.'s] house arrest dictated that [A.V.] was not to be anywhere outside of his house when he was not in school.

On May 6, 2011, [A.V.'s] Juvenile Probation Officer, Hector Blanco (Officer Blanco) was on patrol with the Steelton Police Department [Officer Joseph Conjar] for the Steelton Probation Police partnership. ... As Officer Blanco and Officer Conjar were driving down the 900 block of Wood Street in a Steelton Police vehicle around 7:00 p.m., Officer Blanco observed [A.V.] running down the street. Officer Blanco got out of the vehicle and instructed [A.V.] to approach the vehicle and [A.V.] complied. Officer Blanco then proceeded to question [A.V.] why he was not abiding by the Court's order for house arrest. [A.V.] responded by indicating that he did not think he should be on house arrest. Officer Blanco then conducted a pat down search of [A.V.'s] person and proceeded to reach in [A.V.'s] left front pocket [] ... and pulled out what appeared to be four (4) $20 bills in [A.V.'s]

pockets. However, upon closer inspection, Officer Blanco found that he was able to pull the individual bills apart and that there was white paper in between the two sides of each $20 bill. Officer Blanco then confiscated the four counterfeit $20 bills and give them to Officer Conjar. When Officer Conjar confronted [A.V.] with the counterfeit $20 bills, [A.V.] indicated that he had found the bills in the bathroom at school.

Trial Court Opinion (T.C.O.), 10/5/11, at 2-3 (citations omitted).

On July 21, 2011, A.V. was adjudicated delinquent on the charge of possessing an instrument of crime. On August 8, 2011, the lower court entered a dispositional order placing A.V. in boot camp for 60 days where the juvenile court would review A.V.'s progress to determine whether A.V. should serve the full disposition of 120 days of boot camp. A.V. filed a Post- Dispositional Motion, which the juvenile court denied on August 17, 2011.

A.V. filed this timely appeal and complied with the juvenile court's directions to file a concise statement of matters complained of on appeal pursuant to Pennsylvania Rule of Appellate Procedure 1925(b).

A.V. raises one issue for our review on appeal:

WAS THE EVIDENCE AT TRIAL INSUFFICIENT TO SUSTAIN [A.V.'s] ADJUDICATION FOR THE CHARGE OF POSSESSION OF AN INSTRUMENT OF CRIME WHERE THE JUVENILE DID NOT USE OR ATTEMPT TO USE FAKE MONEY TO COMMIT A CRIME, AND WHERE ...


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.