IN THE MATTER OF:
Wayne County
R.G. No. 05 J 18
Attorney General Roy Cooper, by Assistant Attorney General
Brenda Eaddy, for the State.
Michelle FormyDuval Lynch for respondent-appellant
WYNN, Judge.
This appeal arises from adjudication and disposition orders
finding Respondent Juvenile delinquent for assault inflicting
serious bodily injury.
On appeal, while Respondent argues the evidence was
insufficient to support the adjudication of delinquency as a matter
of law, he has failed to preserve this issue for appellate review.
The record shows that although Respondent moved to dismiss at the
close of the State's evidence, he failed to renew his motion after
presenting his evidence. He is therefore “precluded from
challenging the sufficiency of the evidence presented at trial.”
In re Davis, 126 N.C. App. 64, 66, 483 S.E.2d 440, 442 (1997); see
also N.C. R. App. P. 10(b)(3). Respondent also contends the trial court erred by failing to
consider his testimony, which he alleges raised the issue of self-
defense, when it adjudicated him to be delinquent. In a case that
“does not involve a jury, as in a delinquency case, the trial court
is to consider the evidence of self-defense and, if it finds the
evidence persuasive, enter a finding that the allegations of the
petition are 'not proved.'” In re Wilson, 153 N.C. App. 196, 198,
568 S.E.2d 862, 863 (2002). Here, after adjudicating Respondent to
be delinquent, the trial court stated to Respondent, “Even if I
believe your scenario you took it a little bit too far.” Thus, the
trial court considered Respondent's testimony which he contends
raised the issue of self-defense.
In sum, we uphold the adjudication and disposition orders
respectively finding Respondent delinquent and placing him in a
supervised day program with probation for twelve months.
No error.
Judges ELMORE and GEER concur.
Report per Rule 30(e).
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