IN THE MATTER OF: Mecklenburg County
KELVIN BOYD, No. 02 J 812
Juvenile
Attorney General Roy Cooper, by Assistant Attorney General
Tammera S. Hill, for the State.
Winifred H. Dillon for respondent appellant.
EAGLES, Chief Judge.
Respondent, a juvenile, was adjudicated delinquent for
possessing a firearm on school property, a violation of N.C. Gen.
Stat. § 14-269.2 (2001). In its disposition order, the district
court placed respondent on nine months' probation and ordered him
to perform fifty hours of community service and to attend the
Reality Program. Respondent gave timely notice of appeal.
The State's witness was a boy who attended Smith Middle School
in Mecklenburg County with respondent. He testified that as he was
exiting the school bus on 4 June 2002, respondent called him by
name and pointed a gun at him. The boy notified the bus driver and
his parents, who telephoned the school. Testifying on his own
behalf, respondent claimed he did not know the gun had been placedin his book bag until he discovered it on the school bus. He
denied calling to the other boy or pointing the gun at him.
On appeal, respondent challenges the sufficiency of the
State's evidence that he knowingly possessed the gun on school
property. The hearing transcript reflects that respondent
unsuccessfully moved to dismiss the delinquency petition at the
conclusion of the State's evidence. Respondent then presented
evidence of his own but failed to renew his motion to dismiss.
Pursuant to N.C. Gen. Stat. § 7B-2405(6) (2001), juveniles in
delinquency proceedings are granted “[a]ll rights afforded adult
offenders except the right to bail, the right of
self-representation, and the right of trial by jury.” A juvenile
is thus “entitled to have the evidence evaluated by the same
standards as apply in criminal proceedings against adults." In re
Dulaney, 74 N.C. App. 587, 588, 328 S.E.2d 904, 906 (1985). Under
N.C.R. App. P. 10(b)(3), “a motion to dismiss made at the close of
the State's evidence is waived if the defendant presents evidence."
In re Davis, 126 N.C. App. 64, 66, 483 S.E.2d 440, 442 (1997).
Having failed to renew his motion to dismiss at the conclusion of
all the evidence, respondent has waived appellate review of the
sufficiency of the evidence. See id. (citing State v. Elliott, 69
N.C. App. 89, 316 S.E.2d 632, appeal dismissed and disc. review
denied, 311 N.C. 765, 321 S.E.2d 148 (1984)).
Appeal dismissed.
Judges BRYANT and LEVINSON concur.
Report per Rule 30(e).
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