IN RE Orange County
M.J.C., Jr. No. 05 JB 000073
Attorney General Roy Cooper, by Assistant Attorney General
Steven Armstrong, for the State.
Michelle FormyDuval Lynch for juvenile-appellant.
This appeal arises from the adjudication of Juvenile, M.J.C.
Jr., as delinquent for possession of stolen property and possession
of a weapon on education property.
In his lone argument on appeal, Juvenile challenges the trial court's denial of his motion to dismiss the charge of possession of stolen goods for lack of sufficient evidence. However, the transcript of the delinquency hearing reflects that Juvenile moved to dismiss the petition at the conclusion of the State's evidence but did not renew his motion after introducing evidence of his own. By failing to renew his motion to dismiss at the close of all the evidence, Juvenile waived appellate review of this issue. See In re K.T.L., __ N.C. App. __, __, 629 S.E.2d 152, 155 (2006) (quoting N.C. R. App. P. 10(b)(3)), disc. review denied, ___ N.C. ___, ___S.E.2d ___ (2007); see also In re Hartsock, 158 N.C. App. 287, 291, 580 S.E.2d 395, 398 (2003); In re Lineberry, 154 N.C. App. 246, 249, 572 S.E.2d 229, 232 (2002), cert. denied, 356 N.C. 672, 577 S.E.2d 624 (2003). Accordingly, we dismiss the assignment of error and appeal.
Judges ELMORE and GEER concur.
Report per Rule 30(e).
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