may not be cited except as provided by
Minn. Stat. § 480A.08, subd. 3 (1996).
STATE OF MINNESOTA
IN COURT OF APPEALS
In the Matter of the Welfare of:
Filed December 17, 1996
File Nos. J19550358, J39550927, J69550789
John M. Stuart, State Public Defender, Charlann Winking, Assistant State Public Defender, 2829 University Avenue S.E., Suite 600, Minneapolis, MN 55414 (for appellant T.J.B.)
Hubert H. Humphrey, III, Attorney General, 1400 NCL Tower, 445 Minnesota Street, St. Paul, MN 55101 (for respondent State of Minnesota)
Wyman A. Nelson, Wright County Attorney, Anne L. Mohaupt, Assistant County Attorney, Wright County Government Center, 10 Second Street N.W., Room 150, Buffalo, MN 55313 (for respondent State of Minnesota)
Considered and decided by Short, Presiding Judge, Davies, Judge, and Forsberg, Judge.[*]
After participating in a two-month crime spree, T.J.B. was adjudicated delinquent in Stearns County and Wright County for the offenses of reckless driving, possession of marijuana, criminal damage to property, and felony theft. On the basis of the adjudications, the Wright County juvenile court ordered T.J.B. to: (1) attend a chemical dependency treatment program; (2) pay a fine; (3) remain on probation until he reaches the age of 19; (4) comply with the terms of his previous probation; (5) pay restitution; and (6) complete 100 hours of community service.
Six months later, not having complied with the terms of his probation, T.J.B. appeared before the Wright County juvenile court for a probation violation hearing. At the time, T.J.B. was just days from turning 19, when the juvenile court would be required to relinquish jurisdiction over him pursuant to Minn. Stat. § 260.181, subd. 4(a) (1996). Finding there was inadequate time to reinstate T.J.B. on probation before his birthday, the court committed T.J.B. to five days in the Wright County jail, an adult correctional facility. T.J.B. appeals from the dispositional order, arguing the Wright County juvenile court erred in ordering him to serve time in an adult jail because Minn. Stat. § 260.185 (1996), the statute governing dispositional options for juvenile offenders, does not provide for such a disposition. The juvenile court stayed imposition of the jail sentence pending appellate review. We dismiss the appeal as moot.
Both T.J.B. and Wright County admit this case is moot as to T.J.B., but argue the issue is capable of repetition while evading review, so we should address the merits of T.J.B.'s case. See State by Archabal v. County of Hennepin, 505 N.W.2d 294, 297 (Minn. 1993) (hearing moot issue on appeal on above grounds). We disagree. T.J.B. never suffered tangible harm because he did not actually serve time in the correctional facility. The parties also acknowledge the juvenile court has no current power to enforce the jail sentences. More importantly, the legislature is a more appropriate forum for resolution of this matter because the language of the dispositional guidelines is at issue. Under these circumstances, we conclude the issue raised on appeal is moot.
[ ] * Retired judge of the Minnesota Court of Appeals, serving by appointment pursuant to Minn. Const. art. VI, § 10.