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78 N.C. App. 440

In re Young

Court of Appeals of North Carolina

Decided December 17, 1985

Court of Appeals of North Carolina · decided 1985-12-17

Cited by 4 later decisions — most recently March 2006

4 state decisions

Relies on 61 N.C. App. 749 - Matter of Riley

Good law ✅— No negative treatment on recordhow we know

Decided 1985-12-17

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WHICHARD, Judge.

¶1The State presented evidence of a statement made by respondent during custodial interrogation. N.C. Gen. Stat. 7A-595(b) provides: “When the juvenile is less than 14 years of age, no in-custody admission or confession resulting from interrogation may be admitted into evidence unless the confession or admission was made in the presence of the juvenile’s parent, guardian, custo*441dian, or attorney.” The record contains no finding as to compliance with this provision.

¶2The court did make the following statement: “The next point, whether or not there was a waiver, which was knowingly, intelligently, understandingly and voluntarily made, got my attention but I am satisfied by the evidence according to the required standard that he together with his mother knew what they were doing.” This statement, however, relates only to respondent’s waiver of his rights. See N.C. Gen. Stat. 7A-595(d); In re Riley, 61 N.C. App. 749, 301 S.E. 2d 750 (1983). It contains nothing that can be construed as a factual finding that the confession itself was made in the presence of respondent’s parent, guardian, custodian or attorney as required by N.C. Gen. Stat. 7A-595(b).

¶3We thus remand for a finding on compliance with N.C. Gen. Stat. 7A-595(b).

¶4Remanded.

Chief Judge Hedrick and Judge JOHNSON concur.
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