Anderson v. J.D.

LEVINE, Justice.

J.D., a juvenile [hereinafter Dale]1 appeals from a juvenile court order confirming a referee’s determination that he committed the delinquent act of unauthorized use of a motor vehicle in violation of Section 12.1-23-06, N.D.C.C.2 Because we conclude that the State failed to prove that Dale exercised control over the car, we reverse the juvenile court order.

On the evening of October 24, 1991, Dale and two other juveniles, J.C. [John] and M.J. [Michael] gathered at Michael’s house. John had been using a 1975 Plymouth Duster which his father, Roger, owned. At approximately…