In the Matter of K.M.M., 242 N.C. App. 25 (2015)


There was substantial evidence identifying the juvenile as the perpetrator of a misdemeanor larceny such that the trial court did not err by denying his motion to dismiss. On October 16, 2013, at approximately 5:30 p.m., three African-American males stole the victim’s iPhone from her table at a Wendy’s restaurant and then ran away. The victim chased after them and encountered a man, Mr. Wall, who had just driven past three African-American males down the street. Mr. Wall drove back to the same location and saw the males again, and they ran. Both the victim and Mr. Wall reported to police officers that the juvenile was wearing a red jacket and that another suspect was wearing gray. Mr. Wall identified the juvenile and one of his companions in a showup later that same day, and the victim identified the juvenile at the adjudication hearing. When the juvenile was apprehended, he was wearing a red hoodie jacket and had a Wendy’s spoon in his back pocket, along with two Wendy’s receipts that were time-stamped 5:29 p.m. and 5:33 p.m., despite his denial that he had been at Wendy’s that day.

Evidence of Juvenile as Perpetrator
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