Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

In re D.W.L.B.

Court of Appeals of North Carolina

September 17, 2019

In the Matter of D.W.L.B.

          Heard in the Court of Appeals 4 June 2019.

          Appeal by Defendant from orders entered 11 May 2018 and 8 June 2018 by Judge Richard Walker in Jackson County District Court. No. 18 JB 25

          Attorney General Joshua H. Stein, by Special Deputy Attorney General Tiffany Lucas, for the State.

          Appellate Defender Glenn Gerding, by Assistant Appellate Defender Jillian C. Katz, for the Defendant.

          DILLON, JUDGE.

         Defendant D.W.L.B. ("Dexter"), [1] a juvenile, appeals from the trial court's orders adjudicating him delinquent and entering a Level 1 disposition. After careful review, we vacate and remand for further proceedings, as explained in the Conclusion section of this opinion.

         I. Background

         Dexter is an elementary school student in Sylva. On 11 April 2018, a janitor at Dexter's school cleaned certain graffiti from a stall in a boy's bathroom. About ten minutes later, while standing in a hallway, the janitor observed a student lean out of that bathroom, look around, and then quickly dart back into the bathroom. The janitor went inside the bathroom to investigate and found Dexter and another boy. Dexter was standing next to the hand dryer by the sinks. Dexter left the bathroom immediately. The janitor then discovered new graffiti, the words "BOMB INCOMING" written in black magic marker on the wall above the hand dryer.

         The janitor reported the incident to the principal. Later that day, Dexter was called to the principal's office. Dexter was found to be carrying a black magic marker in his pants pocket. The principal and two officers spoke with Dexter and his parents and viewed surveillance footage of the hallway outside the bathroom.

         Based on this investigation, the officers filed a petition seeking a declaration that Dexter was a delinquent juvenile, alleging that Dexter violated Section 14-277.5 of our General Statutes, a Class H felony, by making a false report concerning mass violence on educational property. After a hearing on the matter, the trial court orally found that Dexter had violated Section 14-277.5 and entered a written order adjudicating Dexter delinquent, ordering a Level 1 disposition, and prescribing twelve (12) months of probation.

         Dexter timely appealed.

         II. Analysis

         A. Sufficiency of the Petition

         Dexter argues that the trial court lacked jurisdiction over him because the delinquency petition did not sufficiently allege each element of the offense for which he was charged. For the following reasons, we conclude that the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.