In re Terrence M., 628 S.E.2d 295 (S.C. Ct. App. 2006)

Cases | In re Terrence M., 628 S.E.2d 295 (S.C. Ct. App. 2006) | 2018

The juvenile defendant was adjudicated delinquent for possession of a stolen motor vehicle, failure to stop for a blue light, and probation violation. He was sentenced to be committed to the Department of Juvenile Justice (DJJ) for an indeterminate period, which was suspended upon alternative placement and probation for an indefinite period; the issue of restitution was reserved. The juvenile defendant was then charged with another crime and was sentenced to the custody of the DJJ. By the time the family court ordered the juvenile defendant to pay $1,184.62 for damage done to the stolen vehicle, the defendant had been released from the DJJ, was no longer on parole for his original offense, and was incarcerated as an adult on the subsequent charge. The defendant filed a motion for reconsideration and the family court found it did not have jurisdiction to order restitution because the defendant was no longer on probation. On appeal, the State argued that because the defendant’s original probationary sentence was for an indefinite period, it had not terminated and the family court still had jurisdiction. The court of appeals agreed, holding that since the defendant’s probation was never revoked and he was not yet eighteen, section 20-7-7805 dictates the court find the defendant’s sentence of indefinite probation continued even after being committed to the DJJ. The trial court’s decision was reversed.