All opinions are subject to modification and technical correction prior to official publication in the North Carolina Reports and North Carolina Court of Appeals Reports. In the event of discrepancies between the electronic version of an opinion and the print version appearing in the North Carolina Reports and North Carolina Court of Appeals Reports, the latest print version is to be considered authoritative.
Appeal pursuant to N.C.G.S. § 7A-30(2) from the
decision of a divided panel of the Court of Appeals, 157 N.C.
App. 609, 582 S.E.2d 279 (2003), reversing and remanding an
adjudication order entered 2 August 2001 by Judge Joseph E.
Setzer, Jr. and a dispositional order entered 27 September 2001
by Judge David B. Brantley in District Court, Wayne County. On
21 August 2003, this Court allowed the State's petition for
discretionary review as to additional issues. Heard in the
Supreme Court 15 March 2004.
Roy Cooper, Attorney General, by Laura E. Crumpler,
Assistant Attorney General, for the State-appellant.
Marjorie S. Canaday for respondent-appellee.
Coe W. Ramsey, on behalf of the American Civil
Liberties Union of North Carolina Legal Foundation,
amicus curiae.
PER CURIAM.
This appeal arises from an adjudication order entered
by Judge Joseph E. Setzer, Jr. and from a dispositional order
entered by Judge David B. Brantley. Respondent T.R.B. was
adjudicated delinquent and was sentenced to twelve months'
probation under the supervision of a juvenile court counselor.
The Court of Appeals held that respondent's confession was
obtained in violation of N.C.G.S. § 7B-2101 and reversed and
remanded the case for a new adjudication hearing. Judge Wynn
wrote separately, concurring in part, dissenting in part, withthe majority's opinion. In re T.R.B., 157 N.C. App. 609, 623,
582 S.E.2d 279, 288 (2003).
The State, through the Attorney General, appealed to
this Court pursuant to N.C.G.S. § 7A-30(2), and this Court
granted the State's petition for discretionary review as to
additional issues. We have now determined that the petition for
discretionary review as to additional issues was improvidently
allowed. Additionally, because Judge Wynn concurred with the
Court of Appeals' majority opinion on all substantive grounds and
merely raised an additional issue for consideration, the State's
appeal pursuant to N.C.G.S. § 7A-30(2) is hereby dismissed.
APPEAL DISMISSED; DISCRETIONARY REVIEW IMPROVIDENTLY
ALLOWED.
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