In The Interest Of: J.H. , A Child
In a juvenile-delinquency proceeding, J.H. admitted burglary, reckless driving, and fleeing or attempting to elude, but denied a criminal-gang-activity allegation. After the adjudication hearing began, the prosecutor orally amended the petition to designate the gang-activity charge as a designated felony, increasing the potential consequences. The Court of Appeals held that the Juvenile Code requires a material amendment to be served on the child and designated adults at least 72 hours before the hearing, and bars such an amendment after the hearing has begun and jeopardy has attached. It reversed the juvenile court’s order allowing the amendment because the State had not provided the required notice and service.
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