In the Matter of J.J., Jr., 216 N.C. App. 366 (2011)

The trial court did not err when it announced its adjudication and disposition decisions immediately following the transfer hearing and its decision not to transfer. The trial court, after a two-day hearing, found probable cause for attempted first-degree sex offense. At a later date the court conducted a transfer hearing at which it heard additional evidence from the State and the juvenile. In closing arguments, the two sides requested different dispositional alternatives. Immediately after that hearing, the court announced that it retained jurisdiction, found beyond a reasonable doubt that the juvenile was delinquent for attempted first-degree sex offense, and committed the juvenile to a youth development center. On appeal, the juvenile argued his right to due process was violated because the trial court failed to conduct a separate adjudication hearing.  The Court of Appeals held the trial court did not err when it announced its adjudication and disposition decisions immediately following the transfer hearing because the statutorily mandated protections were afforded to the juvenile throughout the proceedings. Conducting all three hearings in one proceeding was not error, so long as the juvenile’s rights set out in G.S. 7B-2405 were protected. There was no indication in this case that any of those rights was violated, and the juvenile did not indicate that there was other evidence he would have presented and or show any prejudice