In the Matter of: D.K., ____ N.C. App. ____ (September 4, 2018)
Held:
Reversed
- Facts: The eight year old juvenile was adjudicated delinquent for a crime against nature. The evidence established that he told the seven year old victim to pull down her pants and he then touched and licked her genital area.
- Opinion: The juvenile’s attorney failed to provide sufficient notice of appeal because the court had not issued a final order when verbal notice of appeal was given in court following disposition. However, the court exercised its discretion to review the case pursuant to a writ of certiorari according to Rule 21(a)(1). Penetration is a necessary element of the offense of crime against nature. While the evidence established that the juvenile licked the victim’s genitals, it was not sufficient to reasonably infer penetration.
Category:
AdjudicationStage:
Criminal OffensesTopic:
Crime Against Nature