IN THE MATTER OF:
Lee County
JOHN ROBERT HILTON, IV No. 01 J 80
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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