An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority. Citation is disfavored, but may be permitted in accordance with the provisions of Rule 30(e)(3) of the North Carolina Rules of Appellate Proced ure.

NO. COA02-1108


Filed: 6 May 2003

                                          Lee County
JOHN ROBERT HILTON, IV                         No. 01 J 80

    Appeal by juvenile from adjudication and disposition orders entered 9 April 2002 by Judge Jim Love, Jr., in Lee County District Court. Heard in the Court of Appeals 28 April 2003.

    Attorney General Roy Cooper, by Special Deputy Attorney General Mabel Y. Bullock, for the State.

    Staton, Perkinson, Doster, Post, and Silverman, P.A., by Charles M. Oldham, III, for respondent appellant.

    McCULLOUGH, Judge.

    On 27 and 28 February 2002, a juvenile petition and summons were filed charging respondent John Robert Hilton, IV, with assault with a deadly weapon in violation of N.C. Gen. Stat. § 14-33(c)(1) (2001). The matter was heard on 22 March 2002.
    The State presented evidence at the hearing which tended to show the following: On 12 October 2001, Woody Jackson attended a party in Sanford, North Carolina. The respondent also attended the party. Jackson testified that respondent was standing in a group of ten to fifteen people, and Jackson walked into the middle of it. Jackson then testified that the “next thing I know, I see [respondent] in his little yellow outfit he had on pulling . . . a bottle out of his jacket and he hit me over the top of the head.” Jackson's vision became blurred and he began to bleed from the wound. Jackson was taken by ambulance for medical care. Glass was removed from his forehead and fourteen stitches were required to close the wound. Jackson testified that x-rays taken at a later date showed he had four fractures in his skull.
    On 9 April 2002, respondent was adjudicated a delinquent juvenile for committing the offense of assault with a deadly weapon. Respondent was sentenced to intermittent confinement, placed on probation for twelve months, ordered to receive a substance abuse assessment, and ordered to pay $3,310.00 in restitution to the victim. Respondent appeals.
    Respondent argues that there was insufficient evidence to sustain the adjudication. However, respondent did not move for dismissal, either at the end of the State's case or at the close of all the evidence. Thus, he is precluded from raising this issue on appeal. In Re Clapp, 137 N.C. App. 14, 19, 526 S.E.2d 689, 693 (2000); see also In re Davis, 126 N.C. App. 64, 483 S.E.2d 440 (1997); and N.C.R. App. P. 10(b)(3) (2003).
    Appeal dismissed.
    Judges MARTIN and CALABRIA concur.
    Report per Rule 30(e).

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