In re T.Q.N.
Oregon Court of Appeals
365 P.3d 1112 (2015)
- Written by Caitlinn Raimo, JD
Facts
T.Q.N. (defendant), a child, was charged with juvenile crimes equivalent to the adult crimes of first-degree sexual abuse and first-degree attempted sexual abuse. Thereafter, T.Q.N. completed a psychosexual evaluation and moved for conditional postponement. Under the county’s conditional-postponement program, juveniles charged with sex offenses could petition to avoid adjudication by completing a sex-offender treatment program. If the juvenile completed the program and complied with the other terms of conditional postponement, the petition would be dismissed with prejudice. Oregon law permitted a juvenile court to dismiss a petition “in furtherance of justice” after considering the juvenile’s circumstances and the state’s interests. The state moved to dismiss T.Q.N.’s motion, arguing that the conditional-postponement program was unlawful. The trial court agreed, finding that there was no legal basis for the program. The state did not argue, and the trial court did not make findings as to T.Q.N.’s candidacy for the program. T.Q.N. appealed. On appeal, the state argued that Oregon law did not grant courts the specific power to dismiss a petition upon the satisfaction of certain conditions.
Rule of Law
Issue
Holding and Reasoning (Egan, J.)
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