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In the Interest of C. H.

The juvenile court erred in denying the juvenile's special demurrer to being an unruly child because the petition provided no factual details and thus did not charge the juvenile's conduct with particularity.

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In these cases consolidated for purposes of appeal, 15-year-old C. H. appeals from an order of the juvenile court finding him delinquent and unruly. For the following reasons, we affirm in Case No. A10A1545, and reverse in Case No. A10A1546. A10A1545

Construed in the light most favorable to the juvenile court’s findings, the evidence reveals that on July 29, 2009, the owner of a rental home was doing a “walk-through” of the home after dispossessing his tenant, Larry Wilson. He noted that the home was in “very good shape” with only “one door that was off the hinges.” He received a phone call the next day from Wilson who informed him that there had been some damage to the property. When the property owner arrived, he discovered extensive damage to the home. He stated that: “they had busted out 35 pieces of sheetrock, 17 doors was kicked in, busted and one window broke.” The owner paid approximately $4,000 to repair the damage.

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