People in the Interest of A.P.H.
2020 COA 159. No. 18CA0668. Juvenile Law—Delinquency—Magistrates—Petition for Direct Review—Jurisdiction.
November 12, 2020
A magistrate issued an order revoking A.P.H.’s probation and deferred adjudication. A.P.H. filed a petition for district court review of the magistrate’s order, which was denied as untimely.
On appeal, A.P.H. sought direct review of the magistrate’s order revoking his probation. He contended that district court review of the magistrate’s order is not a prerequisite to Court of Appeals’ review of that order. The Children’s Code requires a juvenile defendant to appeal a magistrate’s revocation of probation to the district court as a prerequisite to appealing the decision to the Court of Appeals. The Court thus lacks jurisdiction to review the magistrate’s order directly.
The appeal was dismissed.