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In re J.M.

Superior Court of Pennsylvania

April 7, 2014

IN THE INTEREST OF: J.M., A MINOR; APPEAL OF: J.M., A MINOR

Submitted February 24, 2014

Page 689

Appeal from the Dispositional Order of the Court of Common Pleas, York County, Juvenile Division, No(s): CP-67-JV-0000331-2012. Before FLANNELLY, J.

Thomas W. Gregory, Jr., York, for appellant.

Sarah E. Buhite, Assistant District Attorney, York, for Commonwealth, appellee.

BEFORE: BENDER, P.J.E., DONOHUE and STRASSBURGER,[*] JJ.

OPINION

Page 690

STRASSBURGER, J.:

J.M. (Appellant), a minor,[1] appeals from the dispositional order entered on May 17, 2013, after the juvenile court adjudicated him delinquent for committing sexual assault and aggravated indecent assault.[2] We affirm.

The background underlying this matter can be summarized as follows. Appellant and B.A., a female minor, attended high school together and were acquainted. On September 22, 2011, Appellant and M.L., a male minor, met B.A. in the evening hours. The trio ended up walking to a section of woods. M.L. eventually left Appellant and B.A. Thereafter, Appellant and B.A. had an encounter of a sexual nature. B.A. later reported that that encounter was not consensual. After an investigation, the Commonwealth charged Appellant with several offenses, including those mentioned above.

The juvenile court held a hearing on March 18, 2013. B.A., Detective Brian O'Melko, Appellant, B.A.'s mother, and B.A.'s aunt testified at the hearing. At the conclusion of the hearing, the court determined that Appellant committed the offenses noted above. On May 17, 2013, the juvenile court adjudicated Appellant delinquent and entered a dispositional order which subjected Appellant to probation with conditions.

Appellant timely filed a post-dispositional motion, which the juvenile court denied. Appellant timely filed a notice of appeal. The court did not order Appellant to comply with Pa.R.A.P. 1925(b); Appellant, however, filed a Pa.R.A.P. 1925(b) statement. The juvenile court later issued a Pa.R.A.P. 1925(a) opinion wherein it responded to Appellant's Pa.R.A.P. 1925(b) statement by relying on its opinion in support of its order denying Appellant's post-dispositional motion.

In his brief to this Court, Appellant asks us to consider the following questions.

[1.] Did the [juvenile court] err in adjudicating Appellant delinquent as the decision of the [c]ourt was not supported by sufficient evidence?
[2.] Was the decision of the [juvenile court] adjudicating Appellant delinquent against the weight of the evidence?
[3.] Was [] Appellant prejudiced by the delay in his case and the registration requirements ...

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