J.Y. v. State

I would grant appellant’s motion for rehearing because I think J.Y. preserved the constitutional issue for the purpose of this appeal, and this court’s disposition of the ease on the merits- is erroneous.

In my view, the record establishes that J.Y. “preserved” the issue of whether or not the juvenile escape statute is constitutional.1 On April 14, 1992, J:Y. pled guilty to the delinquency charge pursuant to section 39.-061, involving his escape from a juvenile facility on January 27,1992. On. May 1,1992, the child’s public defender filed a motion to withdraw the guilty plea on the ground that…