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State v. Green7/30/1998
9-40, 244 S.E.2d 386, 388-89 (1978) (citations omitted) (emphasis added); see also Taylor v. Taylor, 343 N.C. 50, 56, 468 S.E.2d 33, 37 (1996); State ex rel. Thornburg v. House and Lot Located at 532 B Street, Bridgeton, 334 N.C. 290, 298, 432 S.E.2d 684, 688-89 (1993); Burgess v. Your House of Raleigh, Inc., 326 N.C. 205, 215, 388 S.E.2d 134, 140 (1990); North Carolina Baptist Hosps., Inc. v. Mitchell, 323 N.C. 528, 532, 374 S.E.2d 844, 846 (1988).
Under a challenge for vagueness, the Supreme Court has held that a statute is unconstitutionally vague if it either: (1) fails to "give the person of ordinary intelligence a reasonable opportunity to know what is prohibited"; or (2) fails to "provide explicit standards for those who apply [the law]." Grayned, 408 U.S. at 108, 33 L. Ed. 2d at 227. This Court expressed an almost identical standard in the case of In re Burrus, 275 N.C. 517, 169 S.E.2d 879 (1969), aff'd sub nom. Mckeiver v. Pennsylvania, 403 U.S. 528, 29 L. Ed. 2d 647 (1971), where we stated:
It is settled law that a statute may be void for vagueness and uncertainty. "A statute which either forbids or requires the doing of an act in terms so vague that men of common intelligence must necessarily guess at its meaning and differ as to its application violates the first essential of due process of law." [16 Am. Jur. 2d Constitutional Law § 552 (1964)]; Cramp v. Board of Public Instruction, 368 U.S. 278, 7 L. Ed. 2d 285 [(1961)]; State v. Hales, 256 N.C. 27, 122 S.E.2d 768 [(1961)]. Even so, impossible standards of statutory clarity are not required by the constitution. When the language of a statute provides an adequate warning as to the conduct it condemns and prescribes boundaries sufficiently distinct for Judges and juries to interpret and administer it uniformly, constitutional requirements are fully met. [United States v. Petrillo, 332 U.S. 1, 91 L. Ed. 1877 (1947)].
In re Burrus, 275 N.C. at 531, 169 S.E.2d at 888 (emphasis added). In the instant case, defendant does not challenge the validity of the transfer statute on the first prong of the vagueness standard, the "notice" requirement. Nonetheless, an examination of the transfer statute reveals it provides adequate notice of its application. Because section 7A-610 appears in article 49 of the Juvenile Code, titled "Transfer to Superior Court," and because this section references section 7A-608, section 7A-610 must be read in light of section 7A-608. Section 7A-608 provides that, after notice, hearing, and a finding of probable cause, the juvenile court may transfer jurisdiction over a juvenile to superior court if (1) the juvenile was at least thirteen years old at the time of the alleged offense, and (2) the offense would be a felony if committed by an adult. N.C.G.S. § 7A-608 (1995). Furthermore, section 7A-608 requires the juvenile court to transfer a juvenile to superior court if the alleged offense is a class A felony. Id. Section 7A-610 provides that for offenses other than class A felonies, the juvenile court may determine whether "the needs of the juvenile or the best interest of the State will be served by transfer of the case to superior court." N.C.G.S. § 7A-610(a). Thus, this statute clearly puts citizens of ordinary intelligence on notice that thirteen-year-old offenders either will have their cases transferred to superior court or are in jeopardy of having their cases transferred if the juvenile court deems it warranted. The first prong of the vagueness standard is plainly met.
Regarding the second prong of the vagueness test, the "guidance" component, examination of section 7A-610 in light of the entire juvenile and criminal codes establishes that the statute provides juvenile court judges with
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