An unpublished opinion of the North Carolina Court of Appeals does not constitute controlling legal authority.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. COA04-253


Filed: 19 October 2004

IN THE MATTER OF:                    Mecklenburg County
D.M.R.                            No. 03 J 355


    Appeal by juvenile from order entered 9 October 2003 by Judge L.A. Trosch in Mecklenburg County District Court. Heard in the Court of Appeals 18 October 2004.

    Attorney General Roy Cooper, by Assistant Attorney General Myra L. Griffin, for the State.

    David J.P. Barber for respondent-appellant.

    LEVINSON, Judge.

    On 8 October 2003, juvenile respondent D.M.R. filed notice of appeal from an adjudication of delinquency announced in open court on 1 October 2003, and filed by the district court judge on 9 October 2003. The adjudication order continued disposition in this cause until 21 November 2003.
    Under N.C.G.S. § 7B-2602(3) (2003), a juvenile may appeal “[a]ny order of disposition after an adjudication that a juvenile is delinquent or undisciplined[.]” This statute does not authorize an appeal following the adjudicatory portion of the case. Accord In re Pegram, 137 N.C. App. 382, 383, 527 S.E.2d 737, 738 (2000) (applying N.C.G.S. §7A-666 of the former N.C. Juvenile Code in the dependency context). Accordingly, this appeal must be     Dismissed.
    Judges TIMMONS-GOODSON and CALABRIA concur.
    Report per Rule 30(e).

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