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In re Griffin2/3/2004
by reason of felony sex offense in violation of G.S. 14-27.4, felony class B1." However, we conclude from our examination of the hearing transcript that the trial court determined respondent committed a first-degree sexual offense based solely on the relative ages of respondent and the victim, rather than, as alleged in the petition, on use of force by respondent to overcome the victim's will. The trial court denied respondent's motion to dismiss after establishing that respondent's trial counsel was aware of the victim's age. Moreover, the trial court's oral ruling from the bench contained specific findings regarding the ages of both respondent and the victim, but lacked any findings concerning use of force by respondent.
For the reasons stated above, the juvenile order adjudicating respondent delinquent and the subsequent dispositional order are vacated.
Vacated.
Judges WYNN and TIMMONS-GOODSON concur.
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