J-2001-57
In OCCA case No. J-2001-57, J.L.H. appealed her conviction for Public Drunk. In an unpublished decision, the court decided to affirm the adjudication of delinquency and disposition of the District Court while modifying the victim compensation assessment. One judge dissented. J.L.H. was found delinquent because she did something that, if she were an adult, would be considered being publicly drunk. This happened in the District Court of Grady County. After the court made its decision, J.L.H. was placed under the care of the Office of Juvenile Affairs and was to live with her grandmother. J.L.H. had three main reasons for her appeal. First, she believed that the court's decision did not match the evidence presented and the court's own conclusions. Second, she thought it was wrong that her treatment plan was not filed on time, as the rule says it should be done in thirty days. Third, she argued that the court should not have made her pay a victim compensation fee because it did not apply to her case. After looking closely at the records, the court found that there was enough proof during the hearing to support the decision made about J.L.H. They decided that the way she was placed with her grandmother was in her best interest and fit with the law's requirements. The court also determined that not filing the treatment plan on time did not harm J.L.H. However, the court agreed with J.L.H. on the issue of the victim compensation fee. They said that the court could not charge her this fee because there was no evidence to support it in her case. So, they decided to cancel the $25 fee. Overall, the court upheld the main decision about J.L.H.'s delinquency and how she would be treated, but they removed the charge for the victim compensation fee.