In the Matter of D.M.B., 196 N.C. App. 775 (2009)
Held:
Remanded in part
Affirmed in Part
In an assault causing serious bodily injury case, the court held that the juvenile had not preserved for appellate review his argument that the evidence was insufficient to establish serious bodily injury, because the juvenile did not move to dismiss at the end of the state’s evidence or the end of all the evidence. The plain error doctrine was not available because (in criminal cases) it applies only to error in jury instructions or error relating to the admissibility of evidence, not the sufficiency of the evidence.
Category:
AppealStage:
Sufficiency of the Evidence; PreservationTopic: