Court of Appeals of North Carolina, 1985

In the Matter of Johnson

Court of Appeals of North Carolina · Decided July 16, 1985 · Arnold, Hedrick, Parker

331 S.E.2d 756; 76 N.C. App. 159; 1985 N.C. App. LEXIS 3809 (South Eastern Reporter, Second Series)

Cases that cite this one

8 later published cases cite this decision.

In re Tdw (N.C. Ct. App. 2010)
In re T.D.W. (N.C. Ct. App. 2010)
In re ZTB (N.C. Ct. App. 2005)
In re Z.T.B. (N.C. Ct. App. 2005)
In re Eades (N.C. Ct. App. 2001)
Matter of Mitchell (N.C. Ct. App. 1987)
Matter of Wheeler (N.C. Ct. App. 1987)
Matter of Walker (N.C. Ct. App. 1986)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

ARNOLD, Judge.

By his sole assignment of error, respondent contends that the trial court erred in that it failed to affirmatively state that the allegation of the juvenile petition had been proved beyond a reasonable doubt. He argues that the trial judge’s failure to state the standard of proof used in making the determination of delinquency constitutes reversible error. We agree.

G.S. 7A-637 states in relevant part that, “If the judge finds that the allegations in the petition have been proved as provided in G.S. § 7A-635 [beyond a reasonable doubt], he shall so state.” The failure of the trial judge to follow the clear mandate of the statute is error. In re Wade, 67 N.C. App. 708, 313 S.E. 2d 862 (1984).

The decision of the trial court is

Reversed and remanded.

Chief Judge HEDRICK and Judge PARKER concur.

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