J-S07010-17
NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37
IN THE INTEREST OF: S.G.S., A MINOR IN THE SUPERIOR COURT OF
PENNSYLVANIA
Appellant
X
No. 1335 MDA 2016
Appeal from the Adjudication of Delinquency July 18, 2016
In the Court of Common Pleas of Berks County
Criminal Division at No(s): CP-06-JV-0000353-2014
BEFORE: BOWES, LAZARUS AND MUSMANNO, JJ.
JUDGMENT ORDER BY BOWES, J.: FILED JULY 14, 2017
S.G.S. appeals from the July 18, 2016 dispositional order that
committed her to a secure drug treatment facility after she was adjudicated
delinquent for committing conduct constituting possession of drug
paraphernalia. As the matter is now moot, we grant Appellant’s request to
discontinue the appeal.
S.G.S. stipulated to the following facts. On January 30, 2014, a
Pennsylvania State Police K-9 unit performed a random drug search of
lockers at Brandywine Heights High School in Berks County, Pennsylvania.
During the search, an unidentified student reported to a teacher that he or
she overheard another student with the same Christian name as S.G.S.
state, “I’m lucky it’s in my bag and not in my locker.” N.T., 6/26/15, at 7.
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The teacher believed the reference related to S.G.S., and informed the
school’s guidance counselor of her suspicion. Under the impression that
S.G.S. made the statement, the guidance counselor and the school principal
pulled S.G.S. from class and searched her purse for contraband. The search
revealed “three syringes; . . . one spoon; one empty . . . plastic baggie; two
cotton Q-tips; [and] small pieces of cotton that contained a [b]rown
residue.” Id. at 7-9. The residue subsequently tested positive for heroin.
Id. at 9.
The Commonwealth charged S.G.S. with possession of paraphernalia,
and she moved to suppress the physical evidence as the fruit of an
unconstitutional search. The juvenile court denied the suppression motion,
and on July 18, 2016, it entered a dispositional order adjudicating S.G.S.
delinquent and committing her to intensive drug and alcohol treatment at
Abraxas Youth Shelter. During the dispositional hearing, the Commonwealth
stipulated that, upon S.G.S.’s successful completion of the treatment
program, it would agree to expunge the adjudication of delinquency from her
juvenile record. N.T., 7/18/16, at 10. This timely appeal followed.
In her brief, S.G.S. argues that the search was constitutionally infirm
because it was based upon the high school faculty’s misinterpretation of the
undisclosed informant’s statement. However, on June 9, 2017, S.G.S.
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petitioned to discontinue the appeal as moot.1 The petition avers that the
juvenile court entered a subsequent order on March 28, 2017, wherein it
found that S.G.S. was no longer a delinquent child pursuant to the Juvenile
Act, released her from treatment, closed the case, and ordered that the
matter be expunged immediately. The juvenile court’s intervening action
rendered the instant appeal moot insofar as it terminated supervision, ended
the juvenile court’s involvement in the matter, and expunged the
adjudication from the juvenile record. See In re Cain, 590 A.2d 291, 292
(Pa. 1991) (“An issue can become moot during the pendency of an appeal
due to an intervening change in the facts of the case or due to an
intervening change in the applicable law[.]”; In re R.D., 44 A.3d 657
(Pa.Super. 2012) (reiterating, issue before court is moot if in ruling upon
issue the court cannot enter order that has any legal force or effect). As it is
impossible for this Court to provide S.G.S. relief that would have any legal
force or effect, we agree with her assertion that the appeal is moot.
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1
The Commonwealth did not respond to S.G.S’s application to discontinue
the appeal.
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Application to discontinue appeal granted. Appeal dismissed.
Judgment Entered.
Joseph D. Seletyn, Esq.
Prothonotary
Date: 7/14/2017
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