STATE v. J.E.S.

No. A08-0668.

763 N.W.2d 64 (2009)

STATE of Minnesota, Respondent, v. J.E.S., Appellant.

Court of Appeals of Minnesota.

March 24, 2009.


Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN; and Mike Freeman, Hennepin County Attorney, Michael K. Walz, Assistant County Attorney, Minneapolis, MN, for respondent.

Lawrence Hammerling, Chief Appellate Public Defender, Sara L. Martin, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by ROSS, Presiding Judge; JOHNSON, Judge; and RANDALL, Judge.


OPINION

Randall, Judge.*

The juvenile court revoked J.E.S.'s EJJ probation because he possessed a weapon in violation of the terms of his probation. Although the probation proceedings were commenced before J.E.S. turned 21, possession of the weapon was not alleged until after J.E.S. turned 21. The juvenile court incorrectly based revocation of J.E.S.'s probation on J.E.S.'s possession of a weapon. We reverse and remand.

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