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State ex rel. L.R.C. v. State

Court of Appeals of Utah.
Mar 17, 2016
369 P.3d 138 (Utah Ct. App. 2016)

Opinion

No. 20140466–CA.

03-17-2016

STATE of Utah, in the interest of L.R.C., A Person Under Eighteen Years of Age. L.R.C., Appellant, v. State of Utah, Appellee.

Margaret P. Lindsay and Douglas J. Thompson, Attorneys for Appellant. Sean D. Reyes, Salt Lake City and Cherise M. Bacalski, Attorneys for Appellee.


Margaret P. Lindsay and Douglas J. Thompson, Attorneys for Appellant.

Sean D. Reyes, Salt Lake City and Cherise M. Bacalski, Attorneys for Appellee.

Judge GREGORY K. ORME authored this Memorandum Decision, in which Judges J. FREDERIC VOROS JR. and KATE A. TOOMEY concurred.

Memorandum Decision

ORME, Judge:

¶ 1 L.R.C. was adjudicated delinquent in juvenile court for failure to stop at police command, a class A misdemeanor if committed by an adult, see Utah Code Ann. § 76–8–305.5 (LexisNexis 2012) ; possession of drug paraphernalia, a class B misdemeanor if committed by an adult, see id. § 58–37a–5(1)(a)–(b); and possession or use of marijuana, also a class B misdemeanor if committed by an adult, see id. § 58–37–8(2)(a)(i), (d) (Supp. 2015). On appeal, L.R.C. argues that the juvenile court committed plain error by admitting hearsay testimony. L.R.C.'s challenge to the admissibility of evidence is legally indistinguishable from the same issue that was presented in the appeal taken by his brother, with whom he was adjudicated below. See In re J.C., 2016 UT App 10, ¶ 3, 366 P.3d 867. For the reasons stated in In re J.C., we affirm the juvenile court's adjudication of L.R.C.

Unlike in In re J.C., 2016 UT App 10, 366 P.3d 867, where the appellant also challenged the adequacy of the evidence supporting his adjudication, see id. ¶¶ 13, 28–29, L.R.C. does not challenge the adequacy of the evidence supporting the adjudication as to him. And the observation made by Judge Voros in In re J.C. applies with equal force in the instant case. See id. ¶ 32 (Voros, J., concurring).
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Summaries of

State ex rel. L.R.C. v. State

Court of Appeals of Utah.
Mar 17, 2016
369 P.3d 138 (Utah Ct. App. 2016)
Case details for

State ex rel. L.R.C. v. State

Case Details

Full title:STATE of Utah, in the interest of L.R.C., A Person Under Eighteen Years of…

Court:Court of Appeals of Utah.

Date published: Mar 17, 2016

Citations

369 P.3d 138 (Utah Ct. App. 2016)
2016 UT App. 51