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In re H.M.L.9/6/2005
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Considering the evidence in the light most favorable to the State, substantial evidence tends to show the essential elements of the charged offense and the juvenile was the perpetrator of the crime charged. The trial court did not err in denying the juvenile's motion to dismiss. This assignment of error is overruled.
IV. Delinquent Adjudication
The juvenile argues the trial court erred by adjudicating him delinquent when the findings of fact fail to support such a conclusion of law. No statute requires the trial court to make written findings of fact under these circumstances. Under N.C. Gen. Stat. § 7B- 1501(7) (2003), a delinquent juvenile is " ny juvenile who, while less than 16 years of age but at least 6 years of age, commits a crime or infraction under State law or under an ordinance of local government, including violation of the motor vehicle laws." This Court has held, " learly since there was sufficient evidence to convict appellant of the crime alleged in the petition, then there was sufficient evidence to permit a finding that appellant is a delinquent child . . . ." State v. Rush, 13 N.C. App. 539, 546, 186 S.E.2d 595, 600 (1972).
The juvenile was fourteen at the time of the shooting and was found responsible of assault with a deadly weapon inflicting serious injury . Having been a minor convicted of violating a felony causing personal injury under a North Carolina criminal statute, the juvenile meets the definition of "delinquent." Id.; N.C. Gen. Stat. § 7B-1501(7).
The trial court did not err by adjudicating the juvenile delinquent as a matter of law. This assignment of error is overruled.
V. Conclusion
Sufficient evidence establishes the elements of assault with a deadly weapon inflicting serious bodily injury . The juvenile wasfound to be responsible for the charged crime. The trial court properly determined he was delinquent. The trial court's orders are affirmed.
Affirmed.
Judges MCCULLOUGH and BRYANT concur.
Report per Rule 30(e).
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