COMES NOW, the Child in the above styled cause, , by and through her counsel of record, Attorney's Name, and respectfully moves this Honorable Court to dismiss the Complaint rendered against her in this case. In support of these motions, the Child believes grounds would show:
1. That on September 23, 1999, a Complaint was issued against the Child alleging that the Child carried a concealed weapon, to wit: a box-cutter, in contravention to § 13A-11-50 Ala. Code 1975.
2. That on September 24, 1999, a Detention Hearing was held before this Honorable Court, and after being advised by her counsel, the Child pled "true" to the charge alleged in the Complaint.
3. That this Honorable Court accepted the Child's plea and the Child was detained at the G. Ross Bell Detention Facility so that the Child's probation officer could assess relative resources with whom the Child may reside.
4. That the Child wishes to withdraw her previous plea of "true" pursuant to Rule 1 Ala. R. Juv. P. and Rule 14.4(e) Ala. R. Crim. P.
5. That a box-cutter is not a "[b]owie knife or knife or instrument of like kind or description" and does not fall within the intent and meaning of the statute, therefore carrying the box-cutter, concealed or otherwise, is not an offense. § 13A-11-55 Ala. Code 1975; See Smelley v. State, 472 So. 2d 715 (Ala. Crim. App.1985); Brewer v. State, 113 Ala. 106, 21 So. 355 (1987).
6. That the contents of the Complaint filed in this case do not set forth essential facts constituting an "offense" as required under Rule 2.3 Ala. R. Crim. P.
7. That a Brief in Support of this Motion to Dismiss is attached hereto.
WHEREFORE, premises considered, the Child prays that this Honorable Court will issue an Order dismissing the Complaint issued against the Child.
