In the Matter of K.C., 226 N.C. App. 452 (2013)

Dismissed in part
Remanded in part
Affirmed in Part
Vacated in Part

The juvenile was adjudicated delinquent on two petitions alleging simple assault and sexual battery. The court concluded that the adjudication order for simple assault contained sufficient findings when it included the date of the offense, the fact that the assault was a class 2 misdemeanor, the date of the adjudication, and a statement that proof was beyond a reasonable doubt – the minimum required by G.S. 7B-2411. However, the court remanded the disposition order for insufficient findings of fact. The court also vacated the adjudication for sexual battery based on insufficient evidence and dismissed his claim of ineffective assistance of counsel without prejudice to the juvenile’s right to file a motion for review in the trial court.

Adjudication Order
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