IN THE MATTER OF: Wake County
CANDACE CARPENTER No. 99 J 753
Attorney General Roy Cooper, by Assistant Attorney General
Robert C. Montgomery, for the State.
Peter Wood for respondent-appellant.
EAGLES, Chief Judge.
Juvenile was adjudicated delinquent upon a finding that she
knowingly possessed a counterfeit controlled substance with the
intent to sell or deliver. In a 9 March 2000 disposition order,
Judge Joyce A. Hamilton placed juvenile on probation for up to
twelve months, subject to periods of intermittent confinement under
G.S. § 7B-2506(20). Juvenile appeals.
While conducting undercover surveillance of the intersection
of Barbee and Wakefield Streets, Zebulon Police Officer Rodney
Boykin saw juvenile, Warren Bunn, and Samuel Allen engage in what
appeared to be a hand-to-hand drug transaction with the occupants
of a blue pickup truck. Zebulon Police Sergeant Johnnie Joyce
apprehended juvenile. Joyce handcuffed juvenile and told her, Youare not under arrest. You are under investigative detention. I'm
handcuffing you now for my safety and for your safety. After
asking if she was going to jail[,] juvenile told Joyce, I don't
have any dope. All I have is bombers. A pat down search of
juvenile's coat produced a plastic bag containing seven and one-
half grams of a hard substance that Joyce believed to be crack
cocaine. Subsequent tests on the substance revealed that it was
not cocaine.
Juvenile claims the trial court erred in admitting into
evidence her incriminating statement made while she was in custody
but before she was informed of her Miranda rights as required by
G.S. § 7B-2101. Joyce gave the following, uncontested account of
the circumstances surrounding juvenile's statement:
[Juvenile] turned to me. And she said, Am I
going to jail? And I looked at her and it
appeared to me that she was not sixteen years
of age. And I asked her, How old are you?
And she told me at that time that she was
fifteen. I separated her from the other
suspects at that time because we don't allow
suspects to be together. I walked her to the
back of the car, and walking her to the back
of the car, she turned to me and she said, I
don't have any dope. All I have is bombers.
Incriminating statements may be suppressed under G.S. § 7B-2101
only where a defendant is subjected to custodial interrogation.
State v. Gaines, 345 N.C. 647, 661, 483 S.E.2d 396, 404, cert.
denied, 522 U.S. 900, 139 L. Ed. 2d 177 (1997).
Here, juvenile was not interrogated. The lone question
Sergeant Joyce asked juvenile before she made her incriminatingstatement was, How old are you? Such a 'routine informational
question[]' does not constitute interrogation for suppression
purposes. State v. Golphin, 352 N.C. 364, 407, 533 S.E.2d 168, 200
(2000), cert. denied, ___ U.S. ___, 149 L. Ed. 2d 305 (2001)
(quoting State v. Ladd, 308 N.C. 272, 287, 302 S.E.2d 164, 173
(1983)). Moreover, we discern no evidence of conduct or remarks by
Joyce that were reasonably likely to elicit an incriminating
response[,] from juvenile. Golphin, 352 N.C. at 406, 533 S.E.2d
at 199 (quoting Rhode Island v. Innis, 446 U.S. 291, 301, 64 L. Ed.
2d 297, 308 (1980)). Juvenile's statement was therefore
admissible, because it was unsolicited and spontaneous. State v.
Hall, 131 N.C. App. 427, 436, 508 S.E.2d 8, 14 (1998), aff'd per
curiam, 350 N.C. 303, 513 S.E.2d 561 (1999). The trial court
properly overruled juvenile's objection on this basis.
Juvenile next argues the evidence was insufficient to support
the finding of delinquency. Having failed to move to dismiss the
juvenile petition at trial, however, she has waived appellate
review of this issue. See In re Davis, 126 N.C. App. 64, 66, 483
S.E.2d 440, 441-42 (1997). Juvenile attempts to avoid the waiver
by now assigning plain error. See N.C.R. App. P. 10(c)(4). The
sufficiency of the evidence is not subject to plain error review
under Rule 10(c)(4) when no motion to dismiss was made in the trial
court. See State v. Richardson, 341 N.C. 658, 677, 462 S.E.2d 492,
504 (1995); see also N.C.R. App. P. 10(b)(3). Juvenile's remaining assignment of error is not addressed in
her brief to this Court. Therefore, it is deemed abandoned. See
N.C.R. App. P. 28(b)(5).
Affirmed.
Judges TIMMONS-GOODSON and McCULLOUGH concur.
Report per Rule 30(e).
*** Converted from WordPerfect ***