An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA03-226


Filed: 7 October 2003

IN THE MATTER OF:                    Mecklenburg County
KELVIN BOYD,                        No. 02 J 812


    Appeal by respondent from order entered 17 October 2002 by Judge Louis A. Trosch in Mecklenburg County District Court. Heard in the Court of Appeals 29 September 2003.

    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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